Borough of Union Beach, NJ
Monmouth County
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Table of Contents
Table of Contents
Editor's Note: For additional provisions regarding real property applications and the payment of real estate taxes, see Chapter 4, section 4-6.
[Ord. #324; Ord. #493; Ord. #98-780]
An ordinance abolishing the planning board and zoning board of adjustment as presently constituted pursuant to the provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-1, et seq.; and providing for the establishment of a nine member planning board pursuant to N.J.S.A. 40:55D-25c(1) to exercise, to the same extent and subject to the same restrictions, all of the powers of the planning board and zoning board of adjustment.
The purposes of this chapter are to establish a pattern for the regulation of the uses of land and of buildings and structures, thereon, based on the land use element of the master plan, as adopted and as may be amended from time to time; to prohibit incompatible uses; and to achieve the following:
a. 
Guide the appropriate use or development of all lands within the Borough of Union Beach in a manner which will promote the public health, safety, morals and general welfare;
b. 
Secure safety from fire, flood, panic and other natural and man-made disasters;
c. 
Provide adequate light, air and open space;
d. 
Ensure that the development of Union Beach does not conflict with the development and general welfare of neighboring municipalities, the County of Monmouth and the State of New Jersey as a whole;
e. 
Promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, neighborhoods, communities and regions and preservation of the environment;
f. 
Encourage the appropriate and efficient expenditures of public funds by the coordination of public development with land use policies;
g. 
Provide sufficient space in appropriate locations for a variety of residential, recreational, commercial and industrial uses and open space, both public and private, according to their respective environmental requirements in order to meet the needs of all New Jersey citizens.
h. 
Encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging location of such facilities and routes which result in congestion or blight;
i. 
Promote a desirable visual environment through creative development techniques and good civic design and arrangements.
j. 
Promote the conservation of open space and valuable natural resources and to prevent urban sprawl and degradation of the environment through improper use of land;
k. 
Encourage planned unit developments which incorporate the best features of design and relate the type, design and layout of residential, commercial, and recreational development to the particular site;
l. 
Encourage senior citizen community housing construction;
m. 
Encourage coordination of the various public and private procedures and activities shaping land development with a view of lessening the cost of such development and to the more efficient use of land;
n. 
Promote the conservation of energy through the use of planning practices designed to reduce energy consumption and to provide for maximum utilization of renewable energy sources.
[Amended by Ord. #324, S2.1-2, 3; Ord. #357, S1; Ord. #493; Ord. #2001-831; Ord. #2002-3; Ord. #2005-55; Ord. #2006-81; Ord. #2008-115; Ord. #2009-150, S1; Ord. #2010-162, S1; Ord. #2014-200, S1. Additional amendments noted where applicable.]
Wherever a term which is defined in N.J.S.A. 40:55D and/or the New Jersey State Uniform Construction Code is used in this section, such term is intended to include and have the meaning set forth in the definition of such term found in said statute in addition to the definition for such term which may be included in this section, unless the context clearly indicates a different meaning.
For the purpose of this chapter, certain terms or words used herein shall be interpreted or defined as follows: Words used in the present tense include the future; the singular number includes the plural and the plural, the singular; the word "lot" includes the word "plot;" the word "building" includes the word "structure;" the word "zone" includes the word "district;" the word "occupied" includes the word "designed" and the phrase "intended to be occupied;" the word "use" includes the words "arranged," "designed," and the phrase "intended to be used;" and the word "shall" is mandatory and not directory; and the word "abut" shall include the words "directly across from," "adjacent" and "next to." The term "such as," where used herein, shall be considered as introducing typical or illustrative, rather than an entirely exclusive or inclusive designation of, permitted or prohibited uses, activities, establishments or structures.
[Ord. No. 2016-234 § 1; Ord. No. 2016-244 § 17]
a. 
As used in this chapter:
1. 
ACCESSORY USE OR BUILDING - Shall mean a subordinate use or building, the purpose of which is incidental to that of a main use or building on the same lot, except that any structure with a floor area in excess of 700 square feet or a building containing living space shall never be considered an accessory building (see subsection 13-5.8).
2. 
ADMINISTRATIVE OFFICER - Shall mean the borough clerk for all matters before the borough council, the planning board secretary for all matters involving the planning board, the secretary of the board of adjustment for all matters involving the board of adjustment and the zoning officer for matters pertaining to issuance of permits or enforcement of this chapter. In the event that any matter subject to this chapter is not before the borough council, planning board or board of adjustment or zoning officer, the administrative officer shall be the borough clerk.
3. 
ALTERATIONS - Shall mean as applied to a building or structure, a change or rearrangement in the structural supports; or a change in the exterior appearance; or a change in height, width or depth; or moving a building or structure from one location or position to another; or changing, adding to or removing from or otherwise affecting the exterior appearance of a building or structure.
4. 
APARTMENT - Shall mean the same as "Dwelling Unit."
5. 
APPLICANT - Shall mean a developer submitting an application for development.
6. 
APPLICATION FOR DEVELOPMENT - Shall mean the application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to N.J.S.A. 40: 55D-34 or 40: 55D-36.
6A. 
APPROVING AUTHORITY - Shall mean the planning board unless a different agency is designated in this chapter when acting pursuant to the authority of N.J.S.A. 40: 55D-1 et seq.
6B. 
APPLIED LETTERS - Shall mean a type of wall sign utilizing letters or a logo individually mounted on the facade of the structure to form the sign message.
6C. 
AREA IDENTIFICATION SIGN - Shall mean a sign to identify a common area containing a group of structures, or a single structure, such as a residential subdivision, apartment complex, industrial park, or shopping center, located at the entrance or entrances of the area. Such signs may or may not consist of a fence or wall or archway with letters or symbols affixed thereto.
7. 
AUTOMOBILE SERVICE STATION - Shall mean the same as "Motor Vehicle Service Station."
7A. 
AWNINGS AND CANOPIES - Shall mean roof-like coverings extending over a walkway, sidewalk or exterior place, supported by a frame attached to the building and/or ground with a surface made of fabric or a more rigid material, such as plastic or metal, and either retractable against the building or fixed in place.
7B. 
BANNER - Shall mean any sign printed or displayed upon cloth or other flexible material, with or without frames. National flags, state or municipal flags or the official flag or any not-for-profit institution shall not be considered banners for the purposes of this chapter.
8. 
BASEMENT - Shall mean a story partly underground and having more than one-half of its height above the average level of the finished grade at the front of the building.
8A. 
BILLBOARD OR OUTDOOR ADVERTISING SIGN - Shall mean a sign, which directs attention to a business, industry, profession, commodity, service or entertainment not necessarily, sold or offered upon the premises where the sign is located.
9. 
BOARD OF ADJUSTMENT - Shall mean the board established pursuant to N.J.S.A. 40: 55D-69. The term "board of adjustment" as used in this chapter also means the planning board when it is acting pursuant to N.J.S.A. 40:55D-60.
10. 
BOARD OF ADJUSTMENT ENGINEER - Shall mean the licensed New Jersey Professional Engineer specifically retained by the board of adjustment (or assigned by the borough engineer with the consent of the board) to render engineering services and advice to the board. In the absence of the specific appointment of a board of adjustment engineer, the borough engineer may assume the duties of the office.
11. 
BUILDING - Shall mean a combination of materials to form a construction adapted to permanent, temporary, or continuous occupancy and having a roof.
12. 
BUILDABLE AREA - Shall mean that central portion of any lot between required yards and/or setback lines.
13. 
BUILDING AREA - Shall mean the total of areas of outside dimensions on a horizontal plane at ground level of the principal building and all accessory building, exclusive of unroofed porches, terraces or steps having vertical faces, which at all points are less than three feet above the level of the ground.
14. 
BUILDING HEIGHT - Shall mean the vertical distance measured to the collar tie of a building or to the bottom of the rafters for a flat roof (subject to the exceptions listed in subsection 13-5.12) from the average elevation of the original lot grade or any revised lot grade shown on a site plan, subdivision plan, or plot plan approved by the borough engineer. Such revised lot grade shall not include mounding, terracing, or other devices designed to allow increased building height. Building height for all structures located in the area of special flood hazard as set forth on the National Flood Insurance Rate Maps (FIRM) and/ or Preliminary Flood Insurance Rate Maps (PFIRM) shall be measured from the base flood elevation, the advisory base flood elevations or the preliminary base flood elevation, whichever is greater. The height of accessory structures shall be measured to the peak of the structure.
15. 
BUILDING LINE (SETBACK LINE) - Shall mean the line beyond which a building shall not extend unless otherwise provided in this chapter.
16. 
BUILDING PERMIT - Shall mean a permit issued for the alteration or erection of a building or structure in accordance with the provisions of the New Jersey Uniform Construction Code.
17. 
BUILDING, PRINCIPAL - Shall mean a structure in which is conducted the principal use of the site on which it is situated. In any district, any dwelling shall be deemed to be a principal building on the lot on which it is located.
17A. 
CAPITAL IMPROVEMENT - Shall mean a governmental acquisition of real property or major construction project.
17B. 
CAMPER - Shall mean any self-propelled vehicle with an on board engine, also called a recreational vehicle or RV, whether used for living, recreational or business purposes.
18. 
CARPORT - Shall mean an attached or detached accessory building designed for the storage of motor vehicles and constructed primarily as an open building with only a roof and the necessary supporting columns and of an area between the columns not to exceed 200 square feet.
19. 
CELLAR - Shall mean a story wholly or partly underground and having more than one-half of its clear height below the average level of the adjoining ground.
20. 
CERTIFICATE OF COMPLETENESS - Shall mean a certificate issued by the administrative officer after all required submissions have been made in proper form, certifying that an application for development is complete.
21. 
CERTIFICATE OF OCCUPANCY shall mean a certificate issued upon completion of construction and/or alteration of any building, or change in occupancy of a commercial or industrial building. Said certificate shall acknowledge compliance with all requirements of this chapter, such adjustments granted by the board of adjustment or planning board and/or all other applicable requirements.
22. 
CHURCH - Shall mean a building or group of buildings, including customary accessory buildings designed or intended for public worship. For the purpose of this chapter, the word "Church" shall include chapels, congregations, cathedrals, temples, and other similar designations, as well as parish houses, convents and such accessory uses.
23. 
CIRCULATION - Shall mean systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits and the handling of people and goods by such means as terminals, stations, warehouses, and other storage buildings or transshipment points.
24. 
CODE ENFORCEMENT OFFICER/PUBLIC OFFICER - Shall mean the person appointed by the mayor and council and empowered to enforce all codes and ordinances of the borough of Union Beach, unless said power is specifically reserved for another designated officer of the borough, by provisions of the law. He shall also serve as "public officer" as defined by Section 10-2[1], and all the supplements and amendments thereto.
[1]
(Originally Ordinance No. 170, entitled, "An Ordinance Relating to the Repair, Closing and Demolition of Buildings Unfit For Human Habitation or Occupancy or Use, Establishing Minimum Standards Essential to Making Buildings Fit for Human Habitation or Occupancy or Use, and Providing for the Remedies and Procedure in Connection with Action Thereunder, in the Borough of Union Beach, Monmouth County, New Jersey")
24A. 
COLLAR TIE - Shall mean the board connecting or bracing together pairs of rafters above the plate line.
25. 
COMMON OPEN SPACE - Shall mean an open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
25A. 
COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED - Shall mean any community residential facility licensed pursuant to N.J.S.A. 30: 11B-1 et seq. providing food, shelter and personal guidance under such supervision as required, to not more than 15 developmentally disabled or mentally ill persons, who require assistance, temporarily or permanently, in order to live in the community, and shall include but not be limited to: group houses, halfway houses, intermediate care facilities, supervised apartment living arrangements and hostels. Such a residence shall not be considered a health care facility within the meaning of the "Health Care Facilities Planning Law," N.J.S.A. 26: 2H-1 et seq. In the case of such a community residence housing mentally ill persons, such residence shall have been approved for a purchase of service contract or an affiliation agreement pursuant to such procedures as shall be established by regulation of the division of mental health and hospitals of the department of human services.
25B. 
COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE - Shall mean any shelter approved for a purchase of service contract and certified pursuant to standards and procedures established by regulation of the New Jersey Department of Human Services pursuant to N.J.S.A. 30:40-1-14 providing food, shelter, medical care, legal assistance, personal guidance, and other services to not more than 15 persons who have been victims of domestic violence, including any children of such victims, who temporarily require shelter and assistance in order to protect their physical or psychological welfare.
26. 
COMPLETE APPLICATION - Shall mean an application for development which complies in all respects to the appropriate submission requirements set forth in this chapter.
27. 
CONDITIONAL USE - Shall mean a use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this chapter, and upon the issuance of an authorization by the planning board.
28. 
CONSTRUCTION OFFICIAL/BUILDING INSPECTOR - Shall mean the person defined in the Uniform Construction Code who is appointed by the mayor and council to enforce the provisions of the code, and all other applicable laws related thereto.
29. 
CORNER LOT - Shall mean a lot on the junction of and abutting two or more intersecting streets where the interior angle of intersection does not exceed 135°. The minimum lot width and the minimum lot depth shall be met at each abutting street.
30. 
COUNTY MASTER PLAN - Shall mean a composite of the master plan for the physical development of Monmouth County with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the county planning board pursuant to R.S. 40: 27-2 and R.S. 40: 27-4.
31. 
COUNTY PLANNING BOARD - Shall mean the planning board of the County of Monmouth.
32. 
COVERAGE - Shall mean the same as "Lot Coverage."
33. 
CURB LEVEL - Shall mean the officially established grade of the curb in front of the midpoint of the front lot line.
34. 
DAYS - Shall mean calendar days.
35. 
DENSITY - Shall mean the permitted number of dwelling units per gross area of land to be developed (see "Residential Density-Gross").
36. 
DEVELOPER - Shall mean the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development including the holder of an option of contract to purchase, or other person having an enforceable proprietary interest in such land.
37. 
DEVELOPMENT - Shall mean the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining, excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to this chapter.
37A. 
DEVELOPMENTALLY DISABLED PERSON - Shall mean a person who is developmentally disabled as defined in N.J.S.A. 30:11B-2, and "mentally ill person" means a person who is afflicted with mental illness as defined in N.J.S.A. 30:4-23, but shall not include a person who has been committed after having been found not guilty of a criminal offense by reason of insanity or having been found unfit to be tried on a criminal charge.
38. 
DEVELOPMENT PERMIT - Shall mean a document signed by the administrative officer (1) which is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building, and (2) which acknowledges that such use, structure or building complies with the provisions of this chapter or variance duly authorized by a municipal agency.
39. 
DEVELOPMENT REGULATION - Shall mean this chapter, official map ordinance or other municipal regulation of the use and development of land, or amendment thereto adopted and filed pursuant to N.J.S.A. 40:55D-1 et seq.
40. 
DISTRICT - Shall mean any part of the territory of the borough, which is designated on the accompanying zoning map and to which certain uniform regulations and requirements of this chapter apply.
41. 
DIVISION - Shall mean the Division of State and Regional Planning in the New Jersey Department of Community Affairs.
41A. 
DRAINAGE - Shall mean the removal of surface water or groundwater from land by drains, grading or other means and includes control of runoff during and after construction or development to minimize erosion and sedimentation, to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical to lessen nonpoint pollution, to maintain the integrity of stream channels for their biological functions as well as for drainage, and the means necessary for water supply preservation or prevention or alleviation of flooding.
42. 
DRAINAGE RIGHT-OF-WAY - Shall mean the lands required for the installation of storm water sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage.
43. 
DWELLING - Shall mean any building or portion designed or used exclusively for one or more dwelling units.
44. 
DWELLING UNIT - Shall mean a building or part having cooking, sleeping and sanitary facilities designed for, occupied by one family and which is entirely separated from any other dwelling unit in the building by vertical walls, or horizontal floors, unpierced, except for access to the outside or a common cellar.
45. 
DWELLING, SINGLE FAMILY - Shall mean a building designed for or containing one dwelling unit.
46. 
DWELLING, MULTI-FAMILY - Shall mean a building designed for, or containing three or more dwelling units, which are entirely separated from each other by vertical walls or horizontal floors, unpierced, except for access to the outside or a common cellar.
47. 
DWELLING, TOWNHOUSE - Shall mean a building designed for, or containing three or more dwelling units, which are entirely separated from each other by vertical walls, unpierced, except for access to the outside.
48. 
EASEMENT - Shall mean the right of the borough, county, state, sewerage authority or other public or quasipublic agency, their agents, servants and employees to use the land subject to the easement for the purposes specified on the plat or in the document granting the easement.
49. 
EROSION - Shall mean the detachment and movement of soil or rock fragments by water, wind, ice and gravity.
50. 
ESSENTIAL SERVICES - Shall mean underground gas, electrical, telephone, telegraph, steam or water transmission or distribution systems, including mains, drains, sewers, pipes, conduits, cables; and including normal above ground appurtenances such as fire alarm boxes, police call boxes, light standards, poles, traffic signals, hydrants, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by public utilities or municipal or other governmental agencies or for the public health or safety or general welfare.
51. 
EXEMPT DEVELOPMENT - Shall mean that site plan and/or subdivision approval shall not be required for the following:
(a) 
Construction, additions or alterations related to single family detached dwellings on individual lots.
(b) 
Interior alterations which do not increase the required number of off-street parking spaces.
(c) 
Any change of use of land or structure to a use for which the standards of this chapter are the same or less restrictive or stringent.
(d) 
Any increase in the total number of employees, number of employees in any shift, or the number of vehicles to be stored or parked on the site not exceeding 25% of the amount existing at the time of passage of this chapter or as set forth at the time of a previous site plan approval.
(e) 
Construction or installation of underground facilities which do not alter the general use, appearance or grade of the site.
(f) 
The construction, alteration of, or addition to any off-street parking area which provides an increase of five or less vehicle parking spaces.
(g) 
Divisions of property, and conveyances so as to combine existing lots, which are not considered to be subdivisions in accordance with the definition of "Subdivision" contained within this section.
(h) 
Home professional offices of less than 500 square feet within existing buildings located in districts where such home professional offices are permitted accessory uses or conditional uses, provided that such office does not require more than five off-street parking spaces pursuant to the provisions of this chapter.
52. 
FAMILY - Shall mean one or more persons living together as a single entity or nonprofit housekeeping unit, as distinguished from individuals or groups occupying a hotel, club, fraternity or sorority house. The family shall be deemed to include necessary servants when servants share the common housekeeping facilities and services.
53. 
FENCE- Shall mean an artificially constructed barrier of wood, masonry, stone, wire, metal or any other manufactured material or combination of materials.
54. 
FENCE, OPEN - Shall mean a fence in which one-half of the area, between grade level and the top cross member (wire, wood or other material), is open.
55. 
FINAL APPROVAL - Shall mean the official action of the planning board taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees properly posted for their completion, or approval conditioned upon the posting of such guarantees.
56. 
FINAL PLAT - Shall mean the final map of all or a portion of the site plan or subdivision which is presented to the planning board for final approval in accordance with the provisions of this chapter.
57. 
FLOOR AREA - Shall mean the sum of the gross horizontal areas of the floor or several floors of a building measured between the inside faces of exterior walls, or from the centerline of walls common to two dwelling units or uses. For nonresidential uses, floor areas shall include basements, cellars and storage areas.
57A. 
FLOOR AREA RATIO - Shall mean the sum of the area of all floors of buildings or structures compared to the total area of the site.
57B. 
FOOD SERVICE - Shall mean establishments that provide food services at institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these type of organizations for a specified period of time. The establishments of this industry provide food services for the convenience of the contracting organization or the contracting organization's customers. The contractual arrangement of these establishments with contracting organizations may vary from type of facility operated (e.g., cafeteria, restaurant, fast-food eating place), revenue sharing, cost structure, to providing personnel.
58. 
FREESTANDING OR GROUND SIGN - Shall mean any sign supported by permanent structures or supports that are placed on or anchored in the ground and that are independent from any building or other structure.
58A. 
FRONT BUILDING FACE/FACADE - Shall mean the total wall surface, including door and window area, of a building's principal face. A mansard roof shall be considered as part of the facade.
59. 
GARAGE - Shall mean a detached accessory building or portion of a main building for the parking or temporary storage of automobiles of the occupants of the main building to which the garage is accessory.
60. 
GAS STATION - Shall mean the same as "Motor Vehicle Service Station."
61. 
GRADE, FINISHED - Shall mean the completed surface of lawns, walks and roads brought to grade as shown on official plans or designs relating thereto or as existing if no plans or designs have been approved.
62. 
GROSS FLOOR AREA - Shall mean the same as "floor area."
63. 
GROSS HABITABLE FLOOR AREA - Shall mean the sum of the gross horizontal areas of the floor or several floors of a dwelling measured between the inside face of exterior walls or from the centerline of walls separating two dwelling units, having a clear height from finished floor to finished ceiling of not less than 7 1/2 feet, except that in attics and top half stories the height shall be not less than 7 1/3 feet over not less than one-third the area of the floor when used for sleeping, study or similar activity, but not including any unfinished cellar or basement, or any garage space, breezeway, interior patios, enclosed porches or accessory building space.
64. 
HISTORIC SITE - Shall mean any building, structure, area or property that is significant in the history, architecture, archeology or culture of the Borough of Union Beach, of Monmouth County, the State of New Jersey or the Nation and has been so designated pursuant to N.J.S.A. 40:55D-1 et seq.
65. 
HOME OCCUPATION - Shall mean any gainful employment, or occupation, of one or more members of the resident family, which shall constitute, either entirely or partly, the means of livelihood of such member or members, and which shall be conducted in clearly secondary or accessory use to the primary residential use of the principal structure. Such occupation may be pursued in the principal dwelling structure, or in a secondary building, which is accessory to such principal structure. Home occupations may include, but are not limited to, such activities as dressmaking, millinery, watchmaking, electrical, radio repair and carpentry. The retail sale of goods or services in structures designed or altered to make such activities the primary use of the site shall not be construed to be a home occupation.
66. 
HOME PROFESSIONAL OFFICE - Shall mean any professional use conducted entirely within the dwelling or accessory building to the dwelling which is the bonafide residence of the practitioner. The restrictions as outlined under home occupations shall apply.
67. 
HOTEL - Shall mean a building designed for occupancy as the temporary residence for individuals who are lodged, with or without meals, and in which no provision shall be made for cooking in any individual room or suite.
68. 
IMPROVED STREET - Shall mean a street curbed and paved in accordance with the standards set forth in this chapter for new streets or, alternately, a street which has been accepted and maintained by the borough.
69. 
INTERESTED PARTY - Shall mean in a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey; and in the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire, or enjoy property is or may be affected by any action taken under this chapter and/or pursuant to the provisions of N.J.S.A. 40:55D-1 et seq. or whose rights to use, acquire, or enjoy property under the provisions of N.J.S.A. 40:55D-1 et seq., or under any other law of this state or of the United States have been denied, violated or infringed by an action or a failure to act under this chapter.
70. 
INTERIOR OR INSIDE LOT - Shall mean a lot bounded by a street on one side only.
71. 
INTERIOR STREET OR ROAD - Shall mean a street or road that is developed wholly within a parcel under one ownership and meeting all borough standards.
72. 
LAND - Shall mean and include improvements and fixtures on, above or below the surface.
73. 
LIGHT MANUFACTURING - Shall mean the fabrication, assembly or processing of goods or materials, or the storage of bulk goods and materials where such activities or materials create no hazard from fire or explosion, or produce no toxic or corrosive fumes, gas, smoke, obnoxious dust or vapor, offensive noise or vibration, glare, flashes or objectionable effluent.
74. 
LOADING SPACE - Shall mean an off-street space for the temporary parking of a commercial vehicle while loading or unloading. Such space must have clear means of ingress and egress to a public street at all times.
75. 
LOT - Shall mean a designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
76. 
LOT AREA - Shall mean the acreage and/or square footage of a lot contained within the lot lines of the property. Any portion of a lot included in a street right-of-way shall not be included in calculating lot area. Portions of lots encumbered by easements shall be included in calculating lot area.
77. 
LOT COVERAGE - Shall mean the area of a lot covered by buildings and structures and expressed as a percentage of the total lot area.
78. 
LOT DEPTH - Shall mean the mean horizontal distance between the front lot line and the rear lot line as measured from the midpoint of the front and rear lot lines.
79. 
LOT FRONTAGE - Shall mean the horizontal distance of lot lines or portions thereof which are coextensive or closely parallel with a street line of an improved paved street. In the case of a street of undefined width, said lot lines shall be assumed to parallel the centerline of the street at a distance of 50% of the statutory street right-of-way width.
80. 
LOT LINE - Shall mean any line designating the extent or boundary of a lot which shall further be defined as follows:
(a) 
Front lot line: A lot line or portion which is coexistent with a street line and along which the lot frontage is calculated.
(b) 
Rear lot line: The lot line most distant and generally opposite and parallel to the front lot line. (See subsection 13-5.6,c,d and e.)
(c) 
Site lot line: Any lot line other than a front or rear lot line. (See subsection 13-5.6,c,d, and e.)
81. 
LOT WIDTH - Shall mean the mean horizontal distance between side lot lines, but in no case shall the front line be less than 50 feet.
82. 
MAINTENANCE GUARANTEE - Shall mean any security other than cash which may be accepted by the borough for the maintenance of any improvements required by the development regulations.
83. 
MAJOR SUBDIVISION - Shall mean any subdivision not classified as a minor subdivision.
84. 
MANUFACTURING - Shall mean the treatment or processing of raw products, and the production of articles or finished products from raw or prepared materials by giving them new forms or qualities.
85. 
MARINA - Shall mean any waterfront facility wherein berthing spaces for any and all watercraft or boats are provided. A marina shall be deemed to include, in addition, automobile parking facilities; sanitary facilities; motor fuel sales; boat sales, repairs, maintenance and service, excluding, however, facilities for the construction of new boats.
85A. 
MARQUEE SIGN - Shall mean a permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building and supported in part from the ground, generally designed and constructed to provide protection to the weather.
86. 
MASTER PLAN - Shall mean a composite of one or more written or graphic proposals for the development of the borough as set forth in and adopted pursuant to N.J.S.A. 40:55D-28.
87. 
MINOR SUBDIVISION - Shall mean any subdivision of land that does not involve the creation of more than three lots fronting on an existing improved street and does not involve a planned development, any new street or road provided that the planning board unanimously finds that the following conditions have been met:
(a) 
That curbs and sidewalks have been installed or that the developer agrees to install and post performance guarantees for curbs and sidewalks, or that curbs and sidewalks are not required due to specific conditions in the area and are waived as a requirement by the board.
(b) 
That the subdivision does not require the extension of municipal facilities at the expense of the municipality.
(c) 
That the subdivision and construction resulting therefrom will not adversely affect drainage patterns of the basin in which the lots are situated.
(d) 
That the subdivision will not adversely affect the development of the remainder of the parcel or the adjoining property.
(e) 
That the subdivision is not in conflict with any provision or portion of the master plan, official map or this chapter including zoning regulations or amendments thereto.
(f) 
That in the event a drainage fund has been established by the borough or Monmouth County an assessment has been charged to the lots and has been paid.
(g) 
That no portion of the lands involved have constituted a part of a minor subdivision within two years preceding the application.
The planning board may also classify consolidations of lots and resubdivisions to readjust lot lines as "minor subdivisions" regardless of the number of lots involved.
88. 
MOTOR VEHICLE SERVICE STATION - Shall mean any area of land, including structures thereon, which is used for the retail sale of gasoline or any other motor vehicle fuel and oil and other lubricating substances, including any sale of motor vehicle accessories and which may include facilities for lubricating, or servicing of motor vehicles, except that auto body work of any nature and retail sales unrelated to motor vehicle uses shall be prohibited.
89. 
MUNICIPAL AGENCY - Shall mean the planning board or board of adjustment or governing body of the borough when acting pursuant to N.J.S.A. 40:55D-1 et seq. and this chapter.
90. 
NONCONFORMING LOT - Shall mean a lot the area, dimension or location of which was lawful prior to adoption, revision or amendment to this chapter, but fails to conform to the requirements of the zone district in which it is located by reasons of such adoption, revision or amendment.
90A. 
NONCONFORMING SIGN - Shall mean any sign that does not conform to the requirements of this chapter.
91. 
NONCONFORMING STRUCTURE - Shall mean a structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter, but which fails to conform to the requirements of the zone district in which it is located by reasons of such adoption, revision or amendment.
92. 
NONCONFORMING USE - Shall mean a use or activity which was lawful prior to the adoption, revision or amendment of this chapter, but which fails to conform to the requirements of the zone district in which it is located by reason of such adoption, revision or amendment.
92A. 
NONPOINT SOURCE POLLUTION - Shall mean pollution from any source other than from any discernible, confined, and discrete conveyance, and shall include but not be limited to, pollutants from agricultural, silvacultural, mining, construction, subsurface disposal and urban runoff sources.
93. 
OCCUPANCY - Shall mean the specific purpose for which land or a building is used, designed or maintained.
94. 
OCCUPANCY PERMIT - Shall mean the same as "certificate of occupancy."
95. 
OFFICIAL COUNTY MAP - Shall mean the map, with changes and additions thereto, adopted and established, from time to time, by resolution of the Board of Chosen Freeholders of Monmouth County pursuant to N.J.S.A. 40: 27-5.
96. 
OFFICIAL MAP - Shall mean a map adopted by ordinance by the borough council pursuant to N.J.S.A. 40:55D-32 et seq.
96A. 
OFFICE ADMINISTRATIVE SERVICES - This industry comprises establishments primarily engaged in providing a range of day-to-day office administrative services, such as financial planning; billing and recordkeeping; personnel; and physical distribution and logistics for others on a contract or fee basis. These establishments do not provide operating staff to carry out the complete operations of a business.
97. 
OFF-SITE - Shall mean located outside the lot lines of the lot in question, but within the property (of which the lot is a part) which is the subject of a development application or contiguous portion of a street or right-of-way.
98. 
OFF-TRACT - Shall mean not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.
99. 
ON-SITE - Shall mean located on the lot in question.
100. 
ON-TRACT - Shall mean located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
101. 
OPEN SPACE - Shall mean any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use of enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space; provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.
102. 
OPEN SPACE, UNOCCUPIED - Shall mean an unoccupied, grassed, wooded or landscaped area open to the sky on the same lot with a principal and/or accessory building. Improved sidewalks, paved paths or other pedestrian ways within an unoccupied open space area, which exceed four feet in width, shall be deducted in determining the unoccupied open space area. Parking area or traffic channelization islands which are not landscaped or which have an area less than 350 square feet shall not be considered as unoccupied open space.
103. 
PARKING AREA, PRIVATE - Shall mean an open area, other than street, intended for the same use as a garage.
104. 
PARKING AREA, PUBLIC - Shall mean a paved open area, other than a street or other public way, used for the parking of automobiles and available to the public, whether for a fee, free or as an accommodation of clients or customers.
105. 
PARKING SPACE - Shall mean an off-street space provided for the parking of a motor vehicle with a minimum area of 200 square feet, exclusive of driveways or access drives.
106. 
PARTY IMMEDIATELY CONCERNED - Shall mean for purposes of notice any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under N.J.S.A. 40:55D-12.
107. 
PERFORMANCE GUARANTEE - Shall mean any security, which may be accepted by the borough including cash; providing that the borough shall not require more than 10% of the total performance guarantee in cash.
108. 
PLANNING BOARD - Shall mean the Borough of Union Beach Planning Board established pursuant to N.J.S.A. 40:55D-23. The term planning board as used in this chapter also means the board of adjustment when it is acting pursuant to N.J.S.A. 50:55D-76.
109. 
PLANNING BOARD ENGINEER - Shall mean the licensed New Jersey Professional Engineer specifically retained by the planning board or assigned by the borough engineer (with the consent of the board) to render engineering services and advice to the board. In the absence of the specific appointment of a planning board engineer, the borough engineer may assume the duties of the office.
109A. 
PLAT - Shall mean a map or maps of a subdivision or site plan.
109B. 
PMS COLOR SAMPLES - Shall mean the Pantone Matching System, a set of standard colors with each color designated by a number.
110. 
PRELIMINARY APPROVAL - Shall mean the conferral of certain rights pursuant to N.J.S.A. 40: 55-46, 48 and 49 prior to final approval after specific elements of a development plan have been agreed upon by the planning board and the applicant.
111. 
PRELIMINARY FLOOR PLANS AND ELEVATIONS - Shall mean architectural drawings prepared during early and introductory stages of the design of a project illustrating in a schematic form, its scopes, scale, relationship to its site and immediate environs and exterior colors and finishes.
112. 
PREMISES - Shall mean a lot or tract of land or any combination thereof held under a single ownership or control.
113. 
PRIMARY OR PRINCIPAL USE - Shall mean the primary or principal purpose for which a building, structure or lot is used.
114. 
PRIVATE BEACH CLUB - Shall mean a primarily recreational use such as swimming pools, tennis courts or ocean beach and also occupying a building of at least 3,000 square feet of floor area. Use of the facility shall be on ownership or on an annual membership basis, and no living quarters except for employees shall be provided.
115. 
PROFESSIONAL SCIENTIFIC AND TECHNICAL SERVICE - Shall mean and include establishments that specialize in performing professional, scientific, and technical activities for others. The establishments in this sector specialize according to expertise and provide the services to clients in a variety of industries and, in some cases, to households. Activities performed include: legal advice and representation; accounting, bookkeeping, and payroll services; architectural, engineering, and specialized design services; computer services; consulting services; research services; advertising services; photographic services; translation and interpretation services; veterinary services; and other professional, scientific, and technical services.
115A. 
PROFESSIONAL USE - Shall mean the offices of a dentist, doctor, attorney, accountant, engineer or architect. Where such offices are part of a structure where there are residences, the restrictions as outlined under "Home occupations" shall apply.
116. 
PROHIBITED USE - Shall mean that use which is not specifically allowed or permitted in a particular zone and for which the granting of a variance under N.J.S.A. 40:55D-70d, would be necessary, in order to provide that use in that particular zone.
117. 
PROJECTING SIGN - Shall mean any sign affixed to a building or wall in such a manner that its leading edge extends more than one foot beyond the surface of such building or wall.
117A. 
PUBLIC AREAS - Shall mean (i) public parks, playgrounds, trails, paths and other recreational areas; (ii) other public open spaces; (iii) scenic and historic sites; and (iv) sites for schools and other public buildings and structures.
118. 
PUBLIC DEVELOPMENT PROPOSAL - Shall mean a master plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.
119. 
PUBLIC DRAINAGE WAY - Shall mean the land reserved or dedicated for the installation of storm water sewers or drainage ditches, or required along a natural stream or watercourse for preserving the biological as well as drainage function of the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion and to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, and to lessen nonpoint pollution.
120. 
PUBLIC OPEN SPACE - Shall mean an open space area conveyed or otherwise dedicated to the borough or municipal agency, board of education, state or county agency, or other public body for recreational or conservational uses.
120A. 
PUBLIC SERVICE INFRASTRUCTURE - Shall mean sewer service, gas, electricity, water, telephone, cable television, and other public utilities developed linearly, roads and streets and other similar services provided or maintained by any public or private entity.
120B. 
QUONSET - Shall mean a permanent or temporary building, consisting of any combination of materials which form a rigid construction having a semicircular arching roof or a peaked roof, including a large tent or tent-like structure.
121. 
QUORUM - Shall mean the majority of the full authorized membership of a municipal agency.
122. 
RESIDENTIAL DENSITY, GROSS - Shall mean the number of dwelling units, which may be or are developed per acre of land, including areas used for public access and/or open space.
123. 
RESIDENTIAL DENSITY, NET - Shall mean the number of dwelling units, which may be or are developed per acre of land exclusive of areas used for public access and/or open space.
124. 
RESUBDIVISION - Shall mean (1) the further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law or (2) the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or by other instrument.
125. 
RETAINING WALL - Shall mean a structure more than 18 inches high erected between lands of different elevation to protect structures and/or to prevent the washing down or erosion of earth from the upper slope level.
125A. 
SANDWICH SIGN - Shall mean an A-shaped temporary and easily movable ground sign, usually two-sided used for advertising commodities, services or entertainment usually conducted upon the premises where the sign is located.
126. 
SCREENING - Shall mean any concentration or grouping of trees or shrubbery as may be required by this chapter.
126A. 
SEDIMENT - Shall mean solid material, both mineral and organic, that is in suspension, is being transported or has been moved from its site or origin by air, water, or gravity as a product of erosion.
126B. 
SEDIMENTATION - Shall mean the transport and depositing of solid material by water.
126C. 
SEDIMENT BASIN - Shall mean a barrier or dam built at suitable locations to retain rock, sand, gravel, silt or other materials.
127. 
SERVICE ACCESS - Shall mean that portion of any required yard area which is set aside for the sole purpose of access from the road adjoining the premises to the loading or unloading area on the premises, to service the building erected or the use conducted thereon.
128. 
SECONDARY USE - Shall mean the same as "Accessory Use."
129. 
(Reserved)
130. 
SETBACK - Shall mean the horizontal distance between a building or structure and any front, side or rear lot line, measured perpendicular to such lot lines at the point where the building is closest to such lot lines.
131. 
SETBACK LINE (BUILDING LINE) - Shall mean the line beyond which a building or structure shall not extend unless otherwise provided in this chapter, except that a second story or higher story may have an overhang or cantilever which extends for a distance of not more than one foot into the required setback, and the structures described in subsection 13-5.5(c), which may extend for a distance of not more than two feet into the required setback.
132. 
SIGN - Shall mean a structure, building wall or other outdoor surface, or any device used for visual communications in order to bring the subject thereof to the attention of the public, and/or to display, identify and/or publicize the name, location and/or products or service of any person.
133. 
SIGN AREA - Shall mean the area defined by the outside edge of the frame surrounding the sign or by the edge of the sign if no frame exists. Where no frame or edge exists, the area shall be defined by a projected enclosed four-sided (straight lines) geometric shape which most closely outlines the sign.
134. 
SITE PLAN - Shall mean a development plan of one or more lots on which is shown (1) the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways, (2) the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices, and (3) any other information that may be reasonably required in order to make an informed determination pursuant to the provisions of this chapter requiring review and approval of site plans by the planning board adopted pursuant to N.J.S.A. 40:55D-1 et seq.
134A. 
STANDARDS OF PERFORMANCE - Shall mean standards (i) adopted by ordinance pursuant to N.J.S.A. 40:55-D65d regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and unflammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such similar matters as may be reasonably required by the borough or (ii) required by applicable federal or state laws or borough ordinances.
135. 
STORY - Shall mean that portion of a building included between the surface of any floor and the surface of that next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. No "story" shall be deemed to be a first story if its floor level is more than six feet above the level from which the height of the building is measured. A mezzanine floor shall be counted as a "story" if it covers over one-third the area of the floor next below it. For the purpose of this chapter, a bi-level or split-level dwelling shall be considered a one-story structure.
136. 
STORY, HALF - Shall mean that portion of a building under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such half-story. A basement shall also be included as a half-story.
137. 
STREET - Shall mean a right-of-way which is open to public travel and which has been accepted for use and maintenance by the State of New Jersey, County of Monmouth or the Borough of Union Beach.
138. 
STREET LINE - Shall mean that line determining the limit of the highway rights of the public, either existing or contemplated.
139. 
STRUCTURE - Shall mean any combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above, or below the surface of a parcel of land, including paved driveways, unroofed decks, porches, balconies or other extensions of buildings whether the flooring thereof permits the passage of rain or water runoff or not, but shall not include ground covers of gravel, stone, wood chips or other substances easily permeable by rain and other surface water.
140. 
STRUCTURAL ALTERATIONS - Shall mean the same as "alterations."
141. 
SUBDIVIDER - Shall mean any person or entity commencing proceedings under this chapter to effect the subdivision of land hereunder.
142. 
SUBDIVISION - Shall mean the division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter, if no new streets are created: (i) divisions of land found by the planning board or subdivision committee thereof appointed by the chairman to be for agricultural purposes where all resulting parcels are five acres or larger in size, (ii) divisions of property by testamentary or intestate provisions, (iii) division of property upon court order, including but not limited to judgments of foreclosure, (iv) consolidation of existing lots by deed or other recorded instrument and (v) the conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the tax map or atlas of the municipality. The term "subdivision" shall also include the term "resubdivision."
143. 
SWIMMING POOL, COMMERCIAL - Shall mean a swimming pool that is operated for profit and open to the public or to a limited number of members and their guests, upon payment of an hourly, daily, weekly, monthly, annual or other fee or operated as a service rendered by a hotel, motel or apartment development whose units are rented to transient or permanent residents.
144. 
SWIMMING POOL, PRIVATE - Shall mean a swimming pool located on a single-family lot with a residence on it and used as an accessory to the residence, and said pool is utilized with no admission charges and not for the purpose of profit.
144A. 
TEMPORARY SIGN - Shall mean any sign that is used only temporarily and is not permanently mounted.
144B. 
TRAILER - Shall mean any structure or vehicle originally designed to be transported on integral wheels including lunch wagons, camping trailers, storage trailers, or other similar vehicles or structures whether used for living, recreational or business purposes.
144C. 
TRANSCRIPT - Shall mean a typed or printed verbatim record of the proceedings before the municipal agency or a reproduction thereof.
145. 
VARIANCE - Shall mean permission to depart from the literal requirements of the Land Use and Development Regulations of this chapter pursuant to N.J.S.A. 40:55D-40b, 70c, 70d.
146. 
USE - Shall mean the specific purposes for which a parcel of land or a building or a portion of a building is designed, arranged, intended, occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
147. 
WALL SIGN - Shall mean any sign attached to any part of a building, as contrasted to a freestanding sign.
147A. 
WINDOW SIGN - Shall mean a sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale or service that is placed inside a window or upon the windowpanes or glass and is visible from the exterior of the window.
148. 
YARD - Shall mean an open unoccupied space, on the same lot with a building and unobstructed from the ground to the sky.
149. 
YARD, FRONT - Shall mean a yard extending the full width of the lot and not less in depth than the minimum distance required between the street line and the front yard building setback in each district.
150. 
YARD, REAR - Shall mean a yard extending the full width of the lot between the extreme rear line of the principal building and the rear lot line.
151. 
YARD, SIDE - Shall mean a yard between the principal building or attached structure and the adjacent side line of the lot and extending from the front yard to the rear yard.
152. 
ZONE - Shall mean the same as "District," or "Zone District."
153. 
ZONING OFFICER - Shall mean the official of the Borough of Union Beach designated to enforce the provisions of this chapter. The zoning officer shall also be the administrative officer in matters pertaining to issuance of permits, and enforcement.
a. 
Definitions: Personal wireless telecommunications facilities and equipment are not to be considered essential services as defined in subsection 13-2.3a, 50.
ANTENNA
Means a system of electrical conductors that transmit or receive radio frequency signals for wireless communications.
ANTENNA SUPPORT STRUCTURE
Means a structure other than a telecommunications tower which is attached to a building and on which one or more antennas are located.
COLLOCATION
Means use of a common PWTF or a common site by two or more wireless license holders or by one wireless license holder for more than one type of communications technology and/or placement of a PWTF on a structure owned or operated by a utility or other public entity.
PERSONAL WIRELESS TELECOMMUNICATIONS EQUIPMENT FACILITIES (PWTEFS)
Means accessory facilities serving and subordinate in area, extent and purpose to, and on the same lot as a telecommunications tower or antenna location. Such facilities include, but are not limited to, transmission equipment, storage sheds, storage buildings, and security fencing.
PERSONAL WIRELESS TELECOMMUNICATIONS FACILITIES (PWTFS)
Means facilities for the provision of wireless communications services, including, but not limited to, antennas, antenna support structures, telecommunications towers, and related facilities other than PWTEFs.
TELECOMMUNICATIONS TOWER
Means a freestanding structure on which one or more antennas are located, including lattice towers, guyed towers, monopoles and similar structures.
WIRELESS COMMUNICATIONS
Means any personal wireless services as defined in the Federal Telecommunications Act of 1996 (FTA) which includes FCC licensed commercial wireless telecommunications services including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that currently exist or that may in the future be developed. It does not include any amateur radio facility that is owned and operated by a federally-licensed amateur radio station operation or is used exclusively for receive only antennas, nor does it include noncellular telephone services.
a. 
Certain words, phrases and terms in this chapter with respect to wind energy systems or facilities are defined for the purpose herein as follows:
ADMINISTRATOR
Shall mean the Borough of Union Beach Zoning Officer or Planning Board Secretary.
BOARD
Shall mean the Borough of Union Beach Planning Board or Zoning Board of Adjustment.
HYBRID SYSTEM
Shall mean an energy system that uses more than one technology to produce energy or work (i.e. wind/solar system).
KW
Shall mean kilowatt.
METEOROLOGICAL TOWER OR MET TOWER
Shall mean a structure designed to support the gathering of wind energy resource data, and includes the tower, base plate, anchors, guy cables and hardware, anemometers (wind speed indicators), wind direction vanes, booms to hold equipment anemometers and vanes, data logger, instrument writing, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location.
MW
Shall mean megawatt.
OWNER
Shall mean the individual or entity that intends to own and operate the wind energy system in accordance with this chapter XIII, Land Use and Development Regulations.
ROTOR DIAMETER
Shall mean the cross sectional dimension of the circle swept by the rotating blades of a wind-powered energy generator.
TOTAL HEIGHT
Shall mean, in relation to a wind energy system, the vertical distance from the ground to the tip of a wind generator blade when the tip is at its highest point.
TOWER, WIND ENERGY SYSTEM
Shall mean a monopole, freestanding, or guyed structure that supports a wind generator.
WIND ENERGY SYSTEM OR WIND ENERGY FACILITY
Shall mean an electric generating system whose main purpose is to supply electricity, consisting of one or more wind turbines and other accessory structures and buildings, including substations, meteorological towers, electrical infrastructure, transmission lines and other appurtenances and facilities.
WIND ENERGY SYSTEM, MICRO SYSTEM
Shall mean a single building mounted wind turbine that has a manufacturer's rating of 10kW or less and projects not more than 60 feet above the existing grade and shall not be considered a small wind energy system in terms of the area or set back requirements. Only one facility is allowed pre-residential or commercial structure.
WIND ENERGY SYSTEM, SMALL SYSTEM
Shall mean a wind energy facility system which has a rated capacity of not more than 15 kW.
WIND GENERATOR
Shall mean equipment that converts energy from the wind into electricity. This term includes the rotor, blades and associated mechanical and electrical conversion components necessary to generate, store and/or transfer energy.
WIND POWER
Shall mean electric power generated by wind driven turbine blades turning an electric generator.
WIND TURBINE
Shall mean a wind energy conversion system that converts wind energy into electricity through the use of a wind turbine generator and may include a nacelle, rotor, tower, and pad transformer.
WIND TURBINE HEIGHT
Shall mean the distance measured from the highest grade to the highest point of the turbine rotor or tip of the turbine blade when it reaches the highest elevation.
[Ord. #324; Ord. #334; Ord. #493; Ord. #98-780; Ord. #2006-81]
a. 
Establishment. The planning board and zoning board presently in existence are abolished. A planning board is hereby established which will be known as the "Planning Board of the Borough of Union Beach" which will exercise all of the powers of a planning board pursuant to N.J.S.A. 40:55D-25 and all of the powers of a zoning board of adjustment pursuant to N.J.S.A. 40:55D-70 and as otherwise provided by the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1, et seq., and other statutes and laws of the State of New Jersey. The planning board shall consist of nine members of the following four classes:
Class I. The mayor or, in the event of the mayor's absence, the mayor's designee. Pursuant to N.J.S.A. 40:55D-25c(1) the class I member will not participate in the consideration of applications which involve relief pursuant to subsection d of N.J.S.A. 40:55D-70, commonly known as "use" variances.
Class II. One of the officials of the borough other than a member of the borough council to be appointed by the mayor; provided that if there is an environmental commission, the member of the environmental commission who is also a member of the planning board as required by N.J.S.A. 40:56A-1 may be deemed to be the class II planning board member if there is a member of the board of education among the class IV members.
Class III. A member of the borough council to be appointed by it. Pursuant to N.J.S.A. 40:55D-25c(1) the class III member will not participate in the consideration of applications which involve relief pursuant to subsection d of N.J.S.A. 40:55D-70, commonly known as "use" variances.
Class IV. Six other citizens of the municipality to be appointed by the mayor. No class IV member shall hold any other municipal office except that one class IV member may be a member of the board of education or the environmental commission if an environmental commission is so established by the mayor and council of this borough. In the event that the mayor and council shall establish an environmental commission, any member of the environmental commission who shall serve on this planning board in addition to a member of the board of education may be deemed to be a class II member.
Alternates. The mayor may appoint not more than two alternate members with the advice of the borough council. Alternate members shall meet the qualifications of Class IV members. Alternate members shall be designated at the time of appointment by the mayor as "alternate no. 1" and "alternate no. 2." Alternate members may participate in discussions of the proceedings, but may not vote except in the absence or disqualification of a regular member of any class. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, alternate no. 1 shall vote. An alternate member may, after public hearing if he requests one, be removed by the governing body for cause.
b. 
Terms. The term of a class I member shall correspond with his official tenure as mayor. The terms of class II and class III members shall be for one year unless their terms as municipal officials shall expire before that time except for a class II member who is also a member of the environmental commission. The term of a class II or a class IV member who is also a member of the environmental commission shall be for three years unless his term as a member of the environmental commission shall expire before that time.
The term of any class IV member who is also a member of the board of education shall terminate when he is no longer a member of that board or at the completion of his term as a class IV member, whichever occurs first.
The terms of all class IV members first appointed pursuant to this chapter shall be so determined that to the greatest practicable extent the expiration of such term shall be evenly distributed over the first four years after their appointment as determined by resolution of the borough council, provided, however, that no term of any member shall exceed four years. Thereafter all class IV members shall be appointed for terms of four years, except as otherwise provided. All terms after the first terms shall commence on the date in January of each year when the borough council shall hold its annual reorganization meeting.
The terms of the alternate members shall be for two years, except that the terms of the alternate members shall be such that the term of not more than one alternate member shall expire in any one year; provided, however, that in no instance shall the terms of the alternate members first appointed exceed two years. A vacancy occurring otherwise than by expiration of term shall be filled by the appointing authority for the unexpired term only.
c. 
Conflicts. No member of the planning board shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest.
d. 
Vacancies. A vacancy in any class shall be filled in the same manner as an original appointment, except that the person appointed to fill the vacancy shall serve the remainder of the unexpired term.
e. 
Removal. Any member other than a class I member, after a public hearing, if he requests one, may be removed by the borough council for cause.
f. 
Organization of Board. The planning board shall elect a chairman and vice chairman from the members of class IV and select a secretary who may be either a member of the planning board or a municipal employee or other person designated by it to serve in that capacity.
g. 
Planning Board Attorney. There is hereby created the office of planning board attorney. The planning board may annually appoint, fix the compensation of, or agree upon the rate of compensation of a planning board attorney. The planning board attorney shall be an attorney admitted to practice law in the State of New Jersey and shall be some other person than the attorney for the borough or the attorney for the zoning board of adjustment.
h. 
Experts and Staff. The planning board may also employ or contract for the services of experts and other staff and services as it may deem necessary. The board may not, however, exceed, exclusive of gifts and grants, the amount appropriated to it by the government for its use.
i. 
Power and Duties. The planning board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this chapter as well as the provisions of N.J.S.A. 40:55D-1, et seq. In the issuance of subpoenas, administration of oaths and taking of testimony the Law of 1953, chapter 38 (N.J.S.A. 2A:67A-1 et seq.) shall apply. The planning board shall have the following powers and duties:
1. 
To make and adopt and from time to time amend a master plan for the physical development of the municipality, including any areas outside its boundaries, which in the board's judgment bear essential relation to the planning of the municipality, in accordance with the provisions of N.J.S.A. 40:55D-28.
2. 
To administer site plan and land subdivision review in accordance with the provisions of this chapter and N.J.S.A. 40:55D-37 through 59.
3. 
To grant exceptions from certain requirements for subdivision and site plan approval pursuant to N.J.S.A. 40:55D-51.
4. 
To approve conditional use applications in accordance with the provisions of this chapter and pursuant to N.J.S.A. 40:55D-67.
5. 
To exercise generally and to the same extent and subject to the same restrictions as the former zoning board of adjustment the powers set forth in N.J.S.A. 40:55D-70 to:
(a) 
Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative official or agency based on or made in the enforcement of the provisions of this chapter adopted pursuant to N.J.S.A. 40:55D-62 through 68.
(1) 
Appeals to the board of adjustment may be taken by any interested party affected by any decision of an administrative officer of the borough based on or made in the enforcement of the zoning provisions of this chapter or the official map. Such appeal shall be taken within 20 days by filing a notice of appeal with the officer from whom the appeal is taken specifying the grounds of such appeal. The officer from whom the appeal is taken shall immediately transmit to the board all papers constituting the record upon which the action appealed was taken. A developer may file an application for development with the board for action under any of its powers without prior application to an administrative officer.
(2) 
An appeal stays all proceedings in furtherance of the action in respect of which the decision appealed from was made, unless the officer from whom the appeal is taken certifies to the board after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such cases, proceedings shall not be stayed other than by an order of the Superior Court upon notice to the officer from whom the appeal is taken and on due cause shown.
(3) 
The board may, in conformity with the provisions of N.J.S.A. 40:55D-1, et seq., reverse or affirm wholly or partly or may modify the order, requirement, decision or determination appealed from, and make such other requirement, decision or determination as ought to be made, and to that end have all the powers of the administrative officer from whom the appeal was taken.
(b) 
Hear and decide requests for interpretation of the zoning map or Land Use Development Regulations or for decisions upon other special questions upon which the board is authorized to pass by any zoning or official map ordinance in accordance with this chapter and N.J.S.A. 40:55D-1, et seq.
(c) 
(1) 
Where (a) by reason of exceptional narrowness, shallowness or shape of a specific piece of property, (b) or by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property or (c) by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any regulation pursuant to N.J.S.A. 40:55D-46 would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon the developer of each property, grant, upon an application or an appeal relating to such property, a variance from such strict application of such regulation so as to relieve such difficulties or hardship; (2) where in an application or appeal relating to a specific piece of property the purpose of this chapter or N.J.S.A. 40:55D-1, et seq., would be advanced by a deviation from the zoning requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from regulations pursuant to Article 8 of the Municipal Land Use Law, currently N.J.S.A. 40:55D-62 through 40:55D-68.3; provided, however, that no variance from those departures enumerated in subsection (d) below N.J.S.A. 40:55D-70d) shall be granted under this subsection.
(d) 
In particular cases and for special reasons, grant a variance to allow departure from regulations pursuant to Article 8 of the Municipal Land Use Law, currently N.J.S.A. 40:55D-62 through 40:55D-68.3, to permit: (1) a use or principal structure in a district restricted against such use or principal structure, (2) an expansion of a nonconforming use, (3) deviation from a specification or standard pursuant to Section 13-9, Conditional Uses, of this chapter and N.J.S.A. 40:55D- 67 (Conditional Uses; Site Plan Review) pertaining solely to a conditional use, (4) an increase in the permitted floor area ratio as defined in subsection 13-2 3, Definitions, of this chapter and N.J.S.A. 40:55D-4, (5) an increase in the permitted density as defined in subsection 13-2.3, Definitions, of this chapter and N.J.S.A. 40:55D-4 except as applied to the required lot area for a lot or lots for detached one or two dwelling unit buildings which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision or (6) a height of a principal structure which exceeds by 10 feet or 10% the maximum height permitted in the district for a principal structure. A variance under this subsection shall be granted only by an affirmative vote of at least five members. Class I and Class III members shall not participate in the consideration of applications which involve relief pursuant to this subsection.
Pursuant to N.J.S.A. 40:55D-76(2)b the developer may elect to submit a separate application requesting approval of the variance or direction of the issuance of a permit and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance or direction of the issuance of a permit shall be conditioned upon grant of all required subsequent approvals by the planning board.
No variance or other relief may be granted under the terms of this subsection or N.J.S.A. 40:55D-70 unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and the purpose of the zone plan and this chapter. In respect of any airport hazard areas delineated under the "Air Safety and Hazardous Zoning Act of 1983," (N.J.S.A. 6:1-80, et seq.), no variance or other relief may be granted under the terms of this subsection permitting the creation or establishment of a nonconforming use which would be prohibited under the standards promulgated pursuant to that Act except under issuance of a permit by the commissioner of transportation. An application under this subsection may be referred to any appropriate person or agency for its report; provided that such reference shall not extend the period of time within which the board shall act.
Whenever relief is requested pursuant to this subsection notice of the hearing on the application for development shall include reference to the request for a variance(s), or direction for issuance of a permit as the case may be.
6. 
To participate in the preparation and review of programs or plans required by state or federal law or regulations.
7. 
To assemble data on a continuing basis as a part of a continuing planning process. At least once a year the planning board shall review its decisions on applications and appeals for variances and prepare and adopt by resolution a report on its findings on zoning ordinance provisions which were the subject of variance requests and its recommendations for zoning ordinance amendment or revision, if any. The report and resolution will be submitted to the borough council for its review.
8. 
Prior to the adoption of a development regulation, revision, or amendment thereto, the planning board shall make and transmit to the borough council, within 35 days after referral by the borough council, a report including recommendations concerning the proposed development regulation, revision or amendment. The borough council, when considering the adoption of a development regulation, revision or amendment thereto, shall review the report of the planning board and may disapprove or change any recommendation by vote of a majority of its full authorized membership and shall record in its minutes the reasons for not following such recommendations. Failure of the planning board to transmit its report within the 35 day period provided herein shall relieve the borough council from the requirements of this subsection in regard to the proposed development regulation, revision or amendment thereto referred to the planning board.
9. 
To annually prepare a program of municipal capital improvement projects over a term of six years, and amendments thereto, and recommend same to the borough council pursuant to the provisions of N.J.S.A. 40:55D-29 and to review all capital projects pursuant to N.J.S.A. 40:55D-31.
10. 
To direct pursuant to N.J.S.A. 40:55D-34 issuance of a permit for a building or structure in the bed of a mapped street or public drainage way, flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-32 (Establish an Official Map).
11. 
To direct pursuant to N.J.S.A. 40:55D-36 issuance of a permit for a building or structure not related to a street.
12. 
To perform such other advisory duties as are assigned to it by ordinance or resolution of the borough council for the aid and assistance of the borough council or other agencies or officers.
13. 
The borough council may by ordinance provide for the reference of any matter or class of matters to the planning board before final action thereon by a municipal body or a municipal officer having final authority thereon. Whenever the planning board shall have made a recommendation regarding the matter authorized by this chapter to another municipal body such recommendation may be rejected only by a majority of the full authorized membership of such other body.
14. 
Pursuant to N.J.S.A. 40:55D-12, et. seq., the planning board is hereby given the power to waive notice and public hearing of minor subdivisions in accordance with N.J.S.A. 40:55D-47.
j. 
Time Limits for Approvals.
1. 
Minor Subdivision: Minor subdivision approvals shall be granted or denied within 45 days of the date of submission of a complete application to the planning board or within such further time as may be consented to by the applicant. Approval of a minor subdivision shall expire 190 days from the date of planning board approval unless within such period a plat in conformity with such approval and the provisions of the "Map Filing Law," or a deed clearly describing the approved minor subdivision, is filed by the developer with the county recording officer, the borough engineer and the borough tax assessor. Any such plat or deed must be signed by the chairman and secretary of the planning board before it will be accepted for filing by the county recording officer.
2. 
Preliminary Site Plan Approval: Upon the submission of a complete application to the administrative officer for a site plan for 10 acres of land or less, and 10 dwelling units or less, the planning board shall grant or deny preliminary approval within 45 days of such submission or within such further time as may be consented to by the developer. Upon the submission of a complete application to the administrative officer for a site plan of more than 10 acres, or more than 10 dwelling units, the planning board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the planning board shall be deemed to have granted preliminary approval of the site plan.
3. 
Preliminary Major Subdivision Approval: Upon submission of a complete application to the administrative officer for a subdivision of 10 or fewer lots, the planning board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon submission of a complete application to the administrative officer for a subdivision of more than 10 lots, the planning board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. If the planning board fails to act within these times herein provided without obtaining the consent of the applicant to a further extension of time, it shall be deemed to have granted preliminary approval for the requested subdivision.
4. 
Effect of Preliminary Approval: Preliminary approval of a major subdivision or of a site plan shall, except as otherwise provided, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:
(a) 
That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layouts and design standards for streets, curbs and sidewalks, lot size; yard dimensions and off-tract improvements; and, in the case of a site plan, any requirements peculiar to site plan approval pursuant to N.J.S.A. 40:55D-41; except that nothing herein shall be construed to prevent the borough from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety;
(b) 
That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary subdivision plat or site plan, as the case may be; and
(c) 
That the applicant may apply for and the planning board may grant extensions on such preliminary approval for additional periods of at least one year, but not to exceed a total extension of two years, provided that if the design standards have been revised by ordinance, such revised standards shall govern.
(d) 
In the case of a subdivision of or site plan for an area of 50 acres or more, the planning board may grant the rights referred to in paragraphs (a) (b) and (c) above for such period of time, longer than three years, as shall be determined by the planning board to be reasonable taking into consideration (1) the number of dwelling units and non-residential floor area permissible under preliminary approval, (2) economic conditions, and (3) the comprehensiveness of the development. The applicant may apply for thereafter and the planning board may grant an extension to preliminary approval for such additional period of time as shall be determined by the planning board to be reasonable taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under preliminary approval, and (2) the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, (3) economic conditions and (4) the comprehensiveness of the development; provided that if the design standards have been revised, such revised standards shall govern.
5. 
Final Approval: Application for final subdivision or site plan approval shall be granted or denied within 45 days of submission of a complete application to the planning board or within such further time as may be consented to by the applicant.
Final approval of a major subdivision shall expire 95 days from the date of signing of the plat unless within such period the plat shall have been duly filed by the developer with the county recording officer, the borough engineer and the borough tax assessor. The planning board may, for good cause shown, extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat.
6. 
Effect of Final Approval:
(a) 
Minor Subdivision: The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted, shall not be changed for a period of two years after the date of minor subdivision approval.
Major Subdivision: The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to N.J.S.A. 40:55D-49 of this act, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval; provided that in the case of major subdivision the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in N.J.S.A. 40:55D-54 of this act. If the developer has followed the standards prescribed for final approval, and in the case of a subdivision, has duly recorded the plat as required in N.J.S.A. 40:55D-54 of this act, the planning board may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provisions of this act, the granting of final approval terminates the time period of preliminary approval pursuant to N.J.S.A. 40:55D-49 of this act for the section granted final approval.
(b) 
In the case of a subdivision or site plan for a planned unit development or planned unit residential development or residential cluster of 50 acres or more or conventional subdivision of site plan for 150 acres or more, the planning board may grant rights, referred to in subsection (a) of N.J.S.A. 40:55D-52, for such period of time, longer than two years, as shall be determined by the planning board to be reasonable taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under final approval, (2) economic conditions and (3) the comprehensiveness of the development. The developer may apply for thereafter, and the planning board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the planning board to be reasonable taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under final approval, (2) the number of dwelling units and nonresidential floor area remaining to be developed, (3) economic conditions and (4) the comprehensiveness of the development.
7. 
Combined Preliminary and Final Major Subdivision or Site Plan Approval: An applicant may request and the planning board may consent to accept an application for development for combined preliminary and final major subdivision or site plan approval provided that:
(a) 
The proposed development is not to be constructed in sections or stages.
(b) 
The applicant pays the application fees and provides all submissions required for both preliminary and final applications.
(c) 
Any notice of hearing requirements applicable to the preliminary plat stage are complied with.
Any approval granted by the planning board on such combined application shall confer upon the applicant all the rights set forth in this section for final approval.
8. 
Conditional Uses: Pursuant to N.J.S.A. 40:55D-67 (a), the planning board shall grant or deny an application for a conditional use within 95 days of submission of a complete application by a developer to the planning board, or within such review by the planning board of a conditional use shall include any required site plan review pursuant to N.J.S.A. 40:44D-37. The time period for approval by the planning board of conditional uses shall apply to such site plan review.
9. 
Variances. The planning board shall grant or deny approval of an application for a variance within 120 days after submission by a developer of a complete application to the administrative officer or within such further time as may be consented to by the applicant. In the event that the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance or direction for issuance of a permit. The period for granting or denying any subsequent approval shall be as otherwise provided in these regulations and N.J.S.A. 40: 55D-1, et seq.
10. 
Failure to Act: Failure of the planning board to act within the period prescribed shall constitute approval of the application and a certificate of the administrative officer as to the failure of the planning board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the county recording officer for purposes of filing subdivision plats.
11. 
Appeal to the Governing Body: Any interested party may appeal to the borough council any final decision of the planning board, subject to the provisions of N.J.S.A. 40:55D-17, and this chapter.
12. 
Required Approval by County Planning Board: Whenever review or approval of the application by the Monmouth County Planning Board is required by N.J.S.A. 40:27-6.3 (County Planning Board Law), in the case of a subdivision, or N.J.S.A. 40:27-6.6, in the case of a site plan, the planning board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the Monmouth County Planning Board or approval by the Monmouth County Planning Board by its failure to report thereon within the required time period.
k. 
Advisory Committee. The mayor may appoint one or more persons as a citizens advisory committee to assist or collaborate with the planning board in its duties, but such person or persons shall have no power to vote to take other action required by the board. Such person or persons shall serve at the pleasure of the mayor.
l. 
Environmental Commission. Whenever the environmental commission has prepared and submitted to the planning board an index of the natural resources of the municipality, the planning board shall make available to the environmental commission an informational copy of every application for development to the planning board. Failure of the planning board to make such informational copy available to the environmental commission shall not invalidate any hearing or proceeding.
m. 
Simultaneous Review. The planning board shall have the power to review and approve or deny conditional uses or site plans simultaneously with review for subdivision approval without the developer being required to make further application to the planning board, or the planning board being required to hold further hearings. The longest time period for action by the planning board, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer, notice of the hearing on the plat shall include reference to the request for such conditional use.
n. 
Continuance of Hearing and Voting Eligibility: A member of the planning board who was absent for one or more of the meetings at which a hearing was held shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his absence from one or more of the meetings; provided, however, that such board member has available to him the transcript or recording of all of the hearing from which he was absent, and certifies in writing to the board that he has read such transcript or listened to such recording.
o. 
Informal Review. At the request of the developer, the planning board shall grant an informal review of a concept plan for a development for which the developer intends to prepare and submit an application for development. The developer shall not be required to submit any fees for such an informal review. The developer shall not be bound by any concept plan for which review is requested, and the planning board shall not be bound by any such review.
p. 
Expiration of Variance. Any variance hereafter granted by the planning board permitting the erection or alteration of any structure or structures, or permitting a specified use of any premises shall expire by limitation unless such construction or alteration shall have been actually commenced on each and every structure permitted by said variance, or unless such development has actually been commenced, within one year of the date of publication of the notice of the final judgment or determination, whether that final judgment or determination be by the borough council or the planning board; except, however, that the running of the period of limitation herein provided shall be tolled from the date of filing an appeal from the decision of the planning board or the borough council to a court of competent jurisdiction, until the termination in any manner of such appeal or proceeding. Where subdivision or site plan approval is required the period of time for commencement of the development specified by the planning board shall be the same as the period of time for which other rights are conferred upon the applicant by such subdivision or site plan approval pursuant to the provisions of this chapter.
a. 
Any interested party may appeal to the borough council any final decision of the planning board approving an application for development pursuant to subsection 13-3.li,5(d) [N.J.S.A. 40:55d-70(d)]. Such appeal shall be made within 10 days of the date of publication of such final decision pursuant to subsection 13-3.3f, 3 (N.J.S.A. 40:55D-10i). The appeal to the borough council shall be made by serving the borough clerk in person or by certified mail with a notice of appeal specifying the grounds thereof and the name and address of the appellant and name and address of his attorney, if represented, and by serving a copy of such notice on the applicant. Such appeal shall be decided by the borough council only upon the record established before the planning board.
b. 
Notice of the meeting to review the record below shall be given by the borough council by personal service or certified mail to the appellant and to the applicant, to those entitled to notice of a decision pursuant to subsection 13-3.3f. 2 (N.J.S.A. 40:55D-10h), and to the planning board at least 10 days prior to the date of the meeting. The parties may submit oral and written argument on the record at such meeting and the borough council shall provide for verbatim recording and transcripts of such meeting pursuant to subsection 13-3.3c, 6 N.J.S.A. 40:55D-10f).
c. 
The appellant shall: (1) within five days of service of the notice of the appeal pursuant to paragraph 1 above, arrange for a transcript pursuant to subsection 13-3.3c, 6 (N.J.S.A. 40:55D-10f) for use by the borough council and pay a deposit of $200 or the estimated cost of such transcription, whichever is less, or (2) within 35 days of service of the notice of appeal, submit a transcript as otherwise arranged to the borough clerk; otherwise, the appeal may be dismissed for failure to prosecute.
The borough council shall conclude a review of the record below not later than 95 days from the date of publication of notice of the decision below pursuant to subsection 13-3.3f, 3 (N.J.S.A. 40:55D- 10i) unless the applicant consents in writing to an extension of such period. Failure of the borough council to hold a hearing and conclude a review of the record below and to render a decision within such specified period shall constitute a decision affirming the action of the board.
d. 
The borough council shall conduct a de novo review of the record made before the planning board, and shall have the right to draw on its own expertise and knowledge of the community in making its final evaluation. The borough council is not required to accord a presumption of validity to the action of the planning board. The borough council may reverse, remand, or affirm with or without the imposition of conditions the final decision of the planning board approving a variance pursuant to subsection 13-3. li,5(d) (N.J.S.A. 40:55D-70d). If the decision of the council reverses or remands the decision of the planning board its findings of fact and conclusions must be grounded in the record compiled before the board and set forth in a resolution stating in detail the reasons for its disagreement.
e. 
The affirmative vote of the majority of the full authorized membership of the borough council shall be necessary to reverse, remand, or affirm with or without conditions any final action of the planning board.
f. 
An appeal to the borough council shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the planning board certifies to the borough council, after the notice of appeal shall have been filed with such board, that by reasons of facts stated in the certificate a stay would, in its opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by an order of the Superior Court on application upon notice to the board and on good cause shown.
g. 
The borough council shall mail a copy of the decision to the appellant and the applicant, and if represented then to the attorney, without separate charge, and for a reasonable charge to any interested party who has requested it, not later than 10 days after the date of the decision. A brief notice of the decision shall be published in the official newspaper of the borough, or in a newspaper of general circulation in the borough. Such publication shall be arranged by the applicant or the appellant, unless a particular municipal official is so designated by ordinance; provided that nothing contained herein shall be construed as preventing the applicant or the appellant from arranging such publication if he so desires. The borough council may make a reasonable charge for its publication. The period of time in which an appeal to a court of competent jurisdiction may be made shall run from the first publication, whether arranged by the borough, the appellant or the applicant.
h. 
Nothing in this subsection shall be construed to restrict the right of any party to obtain a review by any court of competent jurisdiction according to law.
a. 
Meetings.
1. 
Meetings of the planning board shall be scheduled no less often than once a month and any meeting so scheduled shall be held as scheduled unless canceled for lack of applications for development to process.
b. 
Minutes. Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the board and of the persons appearing by attorney, the action taken by the board, the findings, if any, made by it and reasons therefor. The minutes shall be made available for public inspection during normal business hours at the office of the administrative officer. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceedings concerning the subject matter of the minutes. Such interested party may be charged a reasonable fee for reproduction of the minutes in an amount sufficient to cover the cost of reproduction.
c. 
Hearings.
1. 
Rules: The planning board shall hold a hearing on each application for development and shall make rules governing the conduct of hearings before it which shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1, et seq. or of this chapter.
2. 
Filing of Documents: Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection at least 10 days before the date of the hearing during normal business hours in the office of the administrative officer. The applicant may produce other documents, records or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.
3. 
Oaths: The officer presiding at the hearing or such person as he may designate shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the "County and Municipal Investigations Law" N.J.S.A. 2A:67A-1 et seq. shall apply.
4. 
Testimony: The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer and the right of cross examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.
5. 
Evidence: Technical rules of evidence shall not be applicable to the hearing, but the board may exclude irrelevant, immaterial or unduly repetitious evidence.
6. 
Records: The municipal agency shall provide for the verbatim recording of all proceedings by either stenographer, mechanical or electronic means. The municipal agency shall furnish a transcript, or duplicate recording in lieu thereof, on request to any interested party at his expense; provided the governing body may provide by ordinance for the municipality to assume the expense of any transcripts necessary for appeal to the governing body pursuant to N.J.S.A. 40:55D-70d, up to a maximum amount as specified by the ordinance.
The municipal agency in furnishing a transcript of the proceedings to an interested party at his expense shall not charge such interested party more than the maximum permitted in N.J.S.A. 2A:11-15. Said transcript shall be certified in writing by the transcriber to be accurate.
d. 
Notice of Applications and Hearings. Notice pursuant to paragraphs 1 through 7 below shall be given by the applicant. Notice pursuant to paragraphs 1 through 7 below, shall be given at least 10 days prior to the date of the hearing.
1. 
Public notice of a hearing on an application for development shall be given except for minor subdivisions pursuant to N.J.S.A. 40:55D-47 or final approval pursuant to N.J.S.A. 40:55D-50 and provided that public notice shall be given in the event that relief is requested pursuant to N.J.S.A. 40:55D-60 or D-76 as part of an application for development otherwise excepted herein from public notice.
2. 
Public notice shall be given by publication in the official newspaper of the municipality, if there be one, or in a newspaper of general circulation in the municipality.
3. 
Notice to a hearing requiring public notice pursuant to paragraph a of this subsection shall be given to the owners of all real property as shown on the current tax duplicate, located in the state and within 200 feet in all directions of the property which is the subject of such hearing; provided that this requirement shall be deemed satisfied by notice to the (1) condominium association, in the case of any unit owner whose unit has a unit above or below it, or (2) horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Notice shall be given by: (i) serving a copy thereof on the property owner as shown on the said current tax duplicate, or his agent in charge of the property, or (ii) mailing a copy thereof by certified mail to the property owner at his address as shown on the said current tax duplicate.
Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal property regime, community trust, homeowners' association, because of its ownership of common elements or areas location within 200 feet of the property which is the subject of the hearing, may be made in the same manner as to a corporation without further notice to unit owners, co-owners, or home-owners on account of such common elements or areas.
4. 
Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to subsection 13-3.3d.3 of this chapter to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
5. 
Notice shall be given by personal service or certified mail to the county planning board of a hearing on all applications for development of property adjacent to an existing county road or proposed road shown on the official county map or on the county master plan, adjoining other county land or situated within 200 feet of a municipal boundary.
6. 
Notice shall be given by personal service or certified mail to the commissioner of the New Jersey Department of Transportation of a hearing on any application for development of property adjacent to a state highway.
7. 
Notice shall be given by personal service or certified mail to the director of the Division of State and Regional Planning in the Department of Community Affairs of any hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the administrative officer pursuant to N.J.S.A. 40:55D-10b.
8. 
The applicant shall file an affidavit of proof of service with the board holding the hearing on the application for development, at least 48 hours prior to the hearing.
9. 
Any notice made by certified mail as hereinabove required shall be deemed to be complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.
10. 
Form of Notice: All notices required to be given pursuant to the terms of this chapter shall state the date, time and place of the hearing, the nature of the matters to be considered and identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the borough tax assessor's office and the location and times at which any maps and documents for which approval is sought are available for public inspection as required by law.
e. 
List of Property Owners Furnished. Pursuant to the provisions of N.J.S.A. 40:55D-12c, the tax assessor shall within seven days after receipt of a request and upon receipt of payment of a fee of $10, make and certify a list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to subsection 13-3.3d.3 of this chapter and submit the certified list with the application.
f. 
Decisions.
1. 
The municipal agency (planning board or borough council in the event of an appeal of a final decision of the planning board approving an application for development pursuant to subsection 13-3.li,5(d) (N.J.S.A. 40:55d-70(d)) shall include findings of fact and conclusions based thereon in each decision on any application for development and shall reduce the decision to writing. The municipal agency shall provide the findings and conclusions through:
(a) 
A resolution adopted at a meeting held within the time period provided in N.J.S.A. 40:55D-1 et seq. for action by the municipal agency on the application for development: or
(b) 
A memorializing resolution adopted at a meeting held not later than 45 days after the date of the meeting at which the municipal agency who voted to grant or deny approval. Only the members of the municipal agency who voted for the action taken may vote on the memorializing resolution, the vote of a majority of such members present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution. An action pursuant to N.J.S.A. 40:55D-9 (resulting from the failure of a motion to approve an application) shall be memorialized by resolution as provided above, with those members voting against the motion for approval being the members eligible to vote on the memorializing resolution. The vote on any such resolution shall be deemed to be a memorialization of the action of the municipal agency and not to be an action of the municipal agency; however, the date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, filings, and publications required by paragraphs 2 and 3 below (N.J.S.A. 40:55D-10). If the municipal agency fails to adopt a resolution or memorializing resolution as herein above specified, any interested party may apply to the Superior Court in a summary manner for an order compelling the municipal agency to reduce its findings and conclusions to writing within a stated time and the cost of the application, including attorney's fees, shall be assessed against the municipality.
2. 
A copy of the decision shall be mailed by the administrative officer within 10 days of the date of decision to the applicant, or if represented then to his attorney, without separate charge, and to all who request a copy of the decision for a reasonable fee in an amount sufficient to cover the cost of such mailing. A copy of the decision shall also be filed by the municipal agency in the office of the administrative officer. The administrative officer shall make a copy of such filed decision available to any interested party for a reasonable fee in an amount sufficient to cover the cost of such copy and available for public inspection at his office during reasonable hours. Copies of approvals shall also be forwarded to other appropriate officials.
3. 
A brief notice of the decision shall be published in the official newspaper of the municipality, if there be one, or in a newspaper of general circulation in the municipality. Such publication shall be arranged by the applicant and proof of publication shall be submitted to the administrative officer. The period of time in which an appeal of the decision may be made shall run from the first publication of the decision.
g. 
Conditional Approvals.
1. 
In the event that a developer submits an application for development proposing a development that is barred or prevented, directly or indirectly, by legal action instituted by any state agency, political subdivision or other party to protect the public health and welfare or by a directive or order issued by any state agency, political subdivision or court of competent jurisdiction to protect the public health and welfare, the municipal agency shall process such application for development in accordance with the provisions of N.J.S.A. 40:55D-1 et seq. and this chapter, and, if such application for development complies with the provisions of this chapter, the municipal agency shall approve such application conditioned on removal of such legal barrier to development.
2. 
In the event that development proposed by an application for development requires an approval of a governmental agency other than the municipal agency, the municipal agency shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency; provided that the municipal agency shall make a decision on any application for development within the time period provided in this chapter and N.J.S.A. 40:55D-1 et seq. or within an extension of such period as has been agreed to by the applicant unless the municipal agency is prevented or relieved from so acting by the operation of law.
3. 
Whenever review or approval of the application by the county planning board is required by N.J.S.A. 40:27-6.3, in the case of a subdivision, or N.J.S.A. 40:27-6.6, in the case of a site plan, the municipal agency shall condition any approval that it grants upon timely receipt of a favorable report on the application by the county planning board or approval by the county planning board by its failure to report within the required time period.
h. 
Tolling of Running of Period of Approval. In the event that, during the period of approval granted to an application for development, the developer is barred or prevented, directly or indirectly, from proceeding with the development otherwise permitted under such approval by a legal action instituted by any state agency, political subdivision or other party to protect the public health and welfare or by a directive or order issued by any state agency, political subdivision or court of competent jurisdiction to protect the public health or welfare and the developer is otherwise ready, willing and able to proceed with the development, the running of the period of approval shall be suspended for the period of time the legal action is pending or such directive or order is in effect.
i. 
Payment of Taxes. Pursuant to the provisions of N.J.S.A. 40:55D-65, every application for development submitted to the planning board shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of such application; or if it is shown that taxes or assessments are delinquent on the property, any approvals or other relief granted by the board shall be conditioned upon either the prompt payment of such taxes or assessments, or the making of adequate provision for the payment in such manner that the municipality will be adequately protected.
j. 
Certification of Complete Application for Development; Certification Time Limits. An application for development shall be complete for purposes of commencing the applicable time period for action by a municipal agency when so certified by the municipal agency or its authorized committee or designee.
In the event that the agency, committee or designee does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon expiration of the forty-five-day period for purposes of commencing the applicable time period unless (a) the application lacks information indicated on a check list adopted by ordinance and provided to the applicant and (b) the municipal agency or its authorized committee or designee has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application. The applicant may request that one or more of the submission requirements be waived in which event the agency or its authorized committee shall grant or deny the request within 45 days. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he is entitled to approval of the application. The municipal agency may subsequently require correction of any information found to be an error and submission of additional information not specified in the ordinance or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such information of any revisions in the accompanying documents so required by the municipal agency.
[Ord. #324, S3.4; Ord. #414; Ord. #453; Ord. #483; Ord. #548; Ord. #2006-81; Ord. #2011-181; Ord. #2014-208; Ord. No. 2016-236]
The developer, at the time of filing an application or appeal, or as otherwise provided herein, shall deposit with the administrative officer in cash or certified check made payable to the borough, an amount determined by the schedule set forth in this subsection. Applications for development requiring a combination of approvals such as subdivision, site plan, conditional use and/or variance shall pay a fee equal to the sum of the fees for each required approval.
In addition to the below listed basic fees chargeable on applications for minor subdivisions, for sketch plats, preliminary plats and final plats with regard to major subdivisions, and for either or both preliminary and final approval, each applicant shall be responsible to pay in full to the borough and prior to the adoption of any resolution or approval, all reasonable and necessary costs, expenses and fees incurred in connection with the application by the planning board or board of adjustment for the services of the professional planner, engineer, attorney or other professional consultant not exceeding in the aggregate the sum of $5,000. The planning board or board of adjustment, as the case may be shall, prior to the meeting scheduled for final action on the particular application, notify the applicant in writing at least 10 days in advance thereof, of the amount of such fees for which payment will be required, and the method of calculation thereof. The applicant shall cause such sum to be paid prior to any final action by the particular municipal agency involved. All professional fees charged for such services shall be paid to the Borough of Union Beach as a "pass through" to the professional(s) involved who shall submit a voucher for payment to the Borough of Union Beach, indicating that the source of funds for payment is "pass through from fees paid by the applicant."
a. 
Application for a Zoning/Development Permit. $25 minimum per permit.
1. 
Zoning/Development Fees shall be assessed according to Appendix A.
APPENDIX A
ZONING/DEVELOPMENT FEES
(subsection 13-3.4a,2)
Fence
$25
Flag Pole
$25
Gazebo (Under 100 square feet)
$25
Generators
$25
Lawn Sprinklers
$25
Hot Tub/Spa (outdoor Above Ground)
$25
Ponds (Under 24 inches deep)
$25
Pool House/Cabanas (under 100 square feet)
$25
Pools (Above Ground)
$25
Shed (Under 100 square feet)
$25
Solar Panels
$25
Flatwork (Concrete, Gravel, Macadam, Pavers)
$50
Retaining Walls
$50
Change/Revision of Electrical Contractor
$50
Change/Revision of Fire Contractor
$50
Shed (Over 100 square feet)
$75
Gazebo (Over 100 square feet)
$75
Decks
$75
Stairs
$75
Platforms
$75
Ponds (deeper than 24 inches & must meet Barrier Free Regulations)
$75
Hot Tubs/Spas (below ground)
$75
Garage
$75
Elevators/Lifts
$100
Home Elevations
$100
New House
$100
Other:
Additions:
$5 per thousand cost or $75 minimum
Alterations:
$5 per thousand cost or $75 minimum
Renovations:
$5 per thousand cost or $75 minimum
b. 
Minor Subdivisions.
1. 
$250 for each new lot created, plus $250 for the remainder for the original lot; or
2. 
$250 for consolidation and resubdivision to adjust lot lines.
c. 
Preliminary Plat of Major Subdivision: $250 plus $60 per lot for first 10 lots, plus $30 per lot for any additional lots over 10 lots.
d. 
Preliminary Plat of a Site Plan. The fee to be paid shall be the sum of the site area and building area charges in accordance with the following schedule and conditions:
1. 
Site Area Charge:
(a) 
$450 per acre or any portion thereof.
2. 
Building Area Charge:
(a) 
Gross building floor area of less than 5,000 square feet: $150.
(b) 
Gross building floor area of 5,000 square feet, but less than 10,000 square feet: $300.
(c) 
Gross building floor area of 10,000 square feet, but less than 100,000 square feet: $300 for the first 10,000 square feet plus $150 for each additional 10,000 square feet or part thereof.
(d) 
Gross building floor area of 100,000 square feet, but less than 500,000 square feet: $1,650 for the first 100,000 square feet plus $100 for each additional 10,000 square feet or part thereof.
3. 
In cases where only a portion of a parcel or site are to be involved in the proposed site plan, the site area charge shall be based upon an area extending 20 feet outside the limits of all construction, including grading and landscaping, but not beyond the limits of the site.
4. 
Waiver of Site Plan Approval Procedure in accordance with the provisions of subsection 13-6.7g: $20.
e. 
Final Plat of a Major Subdivision: $200 plus $90 per lot for first 10 lots, plus $45 per lot for any additional lots over 10 lots, plus an engineering fee of $500.
f. 
Final Plat of a Site Plan: $450 per acre or any portion thereof.
g. 
Appeal to the Planning Board from a decision of a municipal officer or request for interpretation: $100 per appeal or request.
h. 
Variances for one-family detached structures and existing two-family structures: $100 per dwelling unit.
i. 
Variances involving nonresidential structures or uses not permitted within a zoning district: $750 per application plus $150 per acre or portion thereof.
j. 
Variances for uses or structures other than one-family detached dwelling where such are permitted within the zoning district: $150 per lot.
k. 
Variances for uses or structures not permitted within the zoning district: $750 per application plus $150 per acre or portion thereof.
l. 
Conditional uses: $250 per application.
m. 
Direction for issuance of a building permit pursuant to N.J.S.A. 40:55D-36: $150 per permit requested.
n. 
Inspection Fees for a Major Subdivision. Required inspection fees shall be paid prior to issuance of a development permit or signing of a final plat or, where authorization has been granted pursuant to the provisions of this chapter, prior to the start of construction of any improvements before final plat approval. Such fees shall be paid in the amount of 5% of the approved construction cost of the bondable and non-bondable items requiring inspection as established by the borough engineer.
o. 
Inspection Fees for a Major Site Plan. Required inspection fees shall be paid prior to issuance of a development permit or signing of a final plat or, when authorization has been granted pursuant to the provisions of this chapter, prior to the start of construction of any improvements before final plat approval. Such fees shall be paid in the amount of 5% of the approved construction cost of the bondable and non-bondable items requiring inspection as established by the borough engineer.
p. 
Reproduction Fees. $3 per sheet of the plat and attachments, except that the minimum fee shall be $5. An additional reproduction fee of $15 shall be charged for minor subdivisions and final plats of major subdivisions to cover the cost of the borough clerk obtaining a reproducible original of the filed map.
q. 
Revised Plats. Any proposed revisions to a plat, including all supporting maps and documents, previously approved which approval is still in effect, or pending approval by the planning board, shall require submission of a revised plat and payment of fees in accordance with the following:
1. 
Where changes in the plat are requested by the planning board or borough engineer, fees shall be paid in an amount equal to one-fourth of the original fee submitted and only sufficient copies of the plat incorporating the changes as may be necessary for distribution need be submitted.
2. 
Where there are only minor changes in the plat proposed by the applicant or required by another governmental agency where approval was a condition of the planning board's approval, and which do not involve any additional building or parking or significant change in the design of the site or subdivision, an application fee of $50 will be required along with sufficient copies of the plat incorporating the changes as may be necessary for distribution. Where such changes are technical in nature and do not affect the basis upon which the planning board approval was given, the planning board engineer may administratively approve changes and forward a copy of the approval letter to the planning board office for proper distribution. The planning board, may, however, within 30 days of receiving such approval letter, disapprove any such administrative approval and require that any such plat revisions be submitted to and acted upon by the full planning board.
3. 
Where there are changes in the plat proposed by the applicant or required by another governmental agency where approval was a condition of the planning board's approval, which do involve additional building or parking or a significant change in the design of the site or subdivision, an application fee equal to 1/2 the fee required for the initial submission will be required along with sufficient copies of the plat incorporating the changes as may be necessary for distribution.
4. 
Where the proposed changes involve a change in use and/or major alteration of the design concepts of the plat approved by the planning board, it shall be considered a new application and shall require the full payment of fees as set forth in this section for new applications for development.
5. 
Where revisions in the plat only involve additional information required as a condition of a previous approval no additional fees shall be required.
r. 
Requests for Reapproval: $100.
s. 
Special Meetings. At the request of the applicant and with approval of the planning board: $900 unless the engineer is required by the board to attend. $1,500 if the engineer is required by the board to attend.
t. 
Certificate of Nonconforming Structures and Uses. Issuance of a certificate pursuant to N.J.S.A. 40:55D-68 and subsection 13-3.6f of this section certifying that a use or structure existed before the adoption of the ordinance which rendered the use or structure nonconforming: $10 per certificate requested, and when the holder of a certificate shall, within three years from the date of its issuance, apply for a continuance thereof a fee of $2 per calendar year.
u. 
Developers agreement as required by subsection 13-7.2a,2(c): $750 unless the complexity of the review and preparation of the documents by the attorney requires a greater fee, which fee shall be set by the attorney.
v. 
Drainage and Floodplain Reviews: $500 for the engineer to conduct drainage reviews and $100 for floodplain reviews.
w. 
Requests for Informal Review: $25 for an owner-occupant of a residence and $100 for any other developer, with such fees for informal review being credited toward the fees of a formal application for development requesting an informal review by the planning board of a proposed or concept plan, N.J.S.A. 40:55D-10.1.
x. 
Escrow Accounts and Technical Review Fees.
1. 
In addition to the above general nonrefundable fees for each application filed, the applicant shall reimburse the borough for all professional or technical review fees deemed necessary or desirable by the board, and shall establish an escrow fund with the borough treasurer to pay such fees or charges. The escrow fund shall be utilized to reimburse the borough for all costs, which are reasonable and related to the review of such application.
2. 
As part of the application submission, the applicant shall be required to make a deposit to the escrow account in an amount provided for in paragraph 9(a) below. If the amount posted is not sufficient to cover the borough's professional charges associated with the application, the board shall request additional funds.
3. 
After approval of an application and prior to the start of construction, the applicant shall be required to deposit with the borough clerk engineering inspection escrow fees to provide for anticipated inspection and any additional professional review services in accordance with paragraph 9(b) below.
4. 
Additional escrow funds, equal to 25% of the applicable escrow fee, will be required upon submission of a revised plan for review by board professionals.
5. 
Additional escrow funds shall be required when the balance of any escrow account reaches 20% of the initial deposit. The borough shall notify the applicant who shall be requested to deposit up to 35% of the original escrow account. No further consideration, review, processing or inspection shall take place until the additional escrow has been paid.
6. 
For escrow deposits over $5,000 the procedures under N.J.S.A. 40:55D-53.1 shall prevail.
7. 
At the applicant's written request and at his cost, an account of the expenses or fees paid by him for professional services shall be provided. Borough professionals shall submit vouchers for all services to be assessed against an escrow account, which vouchers shall state the hours spent, the hourly rate and the expenses incurred.
8. 
Any unexpended monies remaining after the completion of the project and maintenance period shall be returned to the applicant.
9. 
Initial Escrow Deposits.
(a) 
Escrow deposits for professional and technical review - The initial deposit of escrow funds for technical and professional review of an application shall be in an amount equal to double the application fee, but not less than $750.
(b) 
Escrow deposit for inspection - Prior to the start of construction, the applicant shall post engineering inspection fees determined in accordance with the provisions of N.J.S.A. 40:55D-53h and 53.4. Inspection fees shall be 5% of the cost of improvements, with a minimum of $500.
10. 
Where any approved plan for development requires an amendment to the Official Tax Map of the Borough of Union Beach, a fee shall be assessed against the escrow of the applicant for $250. Said fee must be paid before any permits for development are granted.
y. 
All fees shall be paid by the applicant upon request by the secretary of the planning board and all fees must be paid before the approval of a final resolution or the signing of a final plat.
[Ord. #324, S3.5]
The duty of administering and enforcing the provisions of this chapter is hereby conferred upon the code enforcement, construction official and/or zoning officers, who shall have such powers as are conferred upon him by this chapter, and as reasonably may be implied. He shall be appointed as provided in the administrative code. In no case shall a development permit be granted for a subdivision or the construction of or alteration of any building or site where the proposed construction, alteration or use thereof would be in violation of any provisions of this chapter. It shall be the duty of the code enforcement officer to cause any building, plans or premises to be inspected or examined and to order in writing the remedying of any conditions found to exist in violation of this chapter, and he shall have the right to enter any building or premises during the daytime, or other normal business hours of the premises, in the course of his duties.
[Ord. No. 324, § 3.6; Ord. No. 357, § 2; Ord. No. 493; Ord. No. 2006-81; Ord. No. 2016-244 § 2]
a. 
Development Permit.
1. 
Development permits shall be secured from the administrative officer prior to filing of a subdivision; or the issuance of a building permit for the construction, erection or alteration of any structure or sign or part of a structure; or upon a change in the use of a structure or land; or prior to any use of or alteration of the natural condition of a parcel of land or the construction of any improvement above or below the ground. Where no building permit is required, the development permit shall be secured prior to the issuance of a certificate of occupancy.
2. 
Prior to issuance of a development permit, the applicant shall have, where applicable, secured other required permits including, but not limited to:
(a) 
Access permit from the New Jersey Department of Transportation and/or Monmouth County Engineering Department.
(b) 
Drainage permits from the New Jersey Department of Transportation.
(c) 
Stream encroachment permit from the New Jersey Department of Environmental Protection.
(d) 
Coastal Area Facilities Review Act (C.A.F.R.A.) permit from the New Jersey Department of Environmental Protection.
(e) 
Wetlands permit from the New Jersey Department of Environmental Protection.
(f) 
Riparian construction permit from the New Jersey Department of Environmental Protection.
(g) 
Required permits from the U.S. Army Corps of Engineers for work within navigable waterways.
(h) 
Sewerage and/or industrial waste treatment permit from the New Jersey Department of Environmental Protection.
(i) 
Land Disturbance permit from the Freehold Area Soil Conservation District.
b. 
Certificates as to Approval of Subdivision of Land.
1. 
The prospective purchaser, prospective mortgagee, or any other person interested in any land which forms part of a subdivision, or which formed part of such a subdivision three years preceding the effective date of N.J.S.A. 40:55D-1 et seq., may apply in writing to the administrative officer for issuance of a certificate certifying whether or not such subdivision has been approved by the planning board. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name and the owner.
2. 
The administrative officer shall make and issue such certificate within 15 days after the receipt of such written application and the fees. The officer shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record of his office.
3. 
Each such certificate shall be designated as "Certificate as to Approval of Subdivision of Land", and shall certify:
(a) 
Whether there exists in the borough a duly established planning board and whether there is an ordinance controlling subdivision of land adopted under the authority of N.J.S.A. 40:55D-1 et seq.
(b) 
Whether the subdivision, as it relates to the land shown in said application, has been approved by the planning board, and, if so, the date of such approval and any extensions and terms thereof, showing the subdivision of which the lands are a part is a validly existing subdivision.
(c) 
Whether such subdivision, if the same has not been approved, is statutorily exempt from the requirement of approval as provided in this chapter and N.J.S.A. 40:55D-1 et seq.
4. 
The administrative officer shall be entitled to demand and receive for such certificate issued by him a reasonable fee not in excess of those provided in N.J.S.A. 54:5-14 and 54:5-15. The fees so collected by such official shall be paid by him to the municipality.
5. 
Any person who shall acquire for a valuable consideration an interest in the lands covered by any such certificate of approval of a subdivision in reliance upon the information therein contained shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the borough pursuant to the provisions of N.J.S.A. 40:55D-55.
6. 
If the administrative officer designated to issue any such certificate fails to issue the same within 15 days after receipt of an application and the fees therefor, any person acquiring an interest in the lands described in such application shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the borough pursuant to N.J.S.A. 40:55D-55.
7. 
Any such application addressed to the borough clerk shall be deemed to be addressed to the proper designated officer and the borough shall be bound thereby to the same extent as though the same was addressed to the designated official.
c. 
Building Permit. No building or structure shall be erected, restored, added to, or structurally altered until a permit therefor has been issued by the construction official. All applications for such permits shall be in accordance with the requirements of the building code. No building permit shall be issued unless the applicant shall have first secured a development permit.
d. 
Certificate of Occupancy.
1. 
New Uses: No building, structure or land shall be occupied or used until such time as a certificate of occupancy is issued by the construction official.
Such certificate shall be issued upon application by the owner, prospective occupant, or purchaser only after the construction official determines that the facts represented on the application are correct and that the building, structure or use is in conformance with the provisions of the building code and other codes and ordinances affecting construction and occupancy.
A temporary certificate of occupancy may be issued pursuant to the provisions of this chapter for any structure or use for which site plan approval has been secured, but not all conditions of approval have been complied with.
2. 
Existing Uses:
(a) 
At the time of passage of this chapter: upon written request from the owner, tenant, occupant, or purchaser under contract, the construction official, after inspection, shall issue an occupancy permit for a use legally existing at the time this chapter is made effective, certifying the extent and kind of use and whether any such existing use conforms with the provisions of this chapter.
(b) 
Nonconforming Uses and Buildings: No change or extension of use and no alterations shall be made in a nonconforming structure, use or premises without an occupancy permit having first been issued by the construction official stating that such change, extension or alteration is in conformity with the provisions of this chapter, or that same has been permitted by action of the zoning board of adjustment or planning board.
3. 
Certificate of Occupancy: A certificate of occupancy shall be obtained for each and every change of occupant(s), of any building including but not limited to residential, commercial or industrial which shall be reoccupied after it has once become vacant.
A vacant building shall be broadly construed to mean that a vacancy occurs upon the surrender of the premises by one in possession and shall exist regardless of whether new occupants have taken possession. Vacancy shall continue to exist until such time as a certificate of occupancy has been obtained.
This requirement shall extend to a change of occupant(s) by persons who obtain possession by any means whatsoever, including but not limited to fee owners, owners under color of title, contract purchasers, under a use and occupancy agreement, lessees or sublessees. The code enforcement officer/public officer, may issue such certificate of occupancy for any building including but not limited to residential, commercial and industrial where there has been a change of occupant(s) only.
The construction official/building inspector may issue said certificate of occupancy for any building, including but not limited to residential, commercial and industrial where there has been a change of use, addition or alteration to an existing building.
4. 
Scope of Certificate of Occupancy: The certificate of occupancy shall contain sufficient information as to the extent and kind of use or uses, such that any future investigation of the premises would disclose the extent to which a use was altered. It shall also indicate whether such use is a permitted or nonconforming use and the extent to which the use does not conform to the provisions of this chapter.
5. 
Improvement Required: No permanent certificate of occupancy shall be issued until all required improvements have been installed in accordance with the provisions of this chapter.
6. 
Development Permit Required: No certificate of occupancy shall be issued for the use of any building, structure or land unless a development permit shall have first been issued for the use of such building, structure or land.
7. 
Disturbed areas must be stabilized prior to the issuance of the Certificate of Occupancy (CO).
e. 
Land Disturbance Permit. Where required, a land disturbance-permit shall be obtained from the Freehold Area Soil Conservation District prior to subdivision or the erection of any structure or the alteration of the existing grade on any lot. No land disturbance permit shall be issued until a development permit shall have first been issued for the subdivision, building, structure or use, except that the planning board and borough engineer may authorize the issuance of a land disturbance permit prior to issuance of a development permit as provided for elsewhere in this chapter.
f. 
Certificate of Validity of Nonconforming Use or Structure. Any person interested in any land upon which a nonconforming use or structure exists may apply in writing for the issuance of a certificate certifying that the use or structure existed before the adoption of the ordinance which rendered the use or structure nonconforming. The applicant shall have the burden of proof. Application may be made to the administrative officer within one year of the adoption of the ordinance which rendered the use or structure nonconforming or at any time to the planning board. A denial by the administrative officer shall be appealable to the planning board.
[Ord. No. 324, § 3.7]
a. 
It shall be the duty of the administrative officer to keep a record of all applications for and all development permits issued, together with a notation of all special conditions involved. He shall file and safely keep copies of all plans submitted, and the same shall form a part of the records of his office and shall be available for the use of the borough council and of other officials of the borough.
b. 
The administrative officer shall prepare a monthly report for the borough council, summarizing for the period since his last previous report all development permits issued and all complaints of violations and the action taken by him consequent thereon. A copy of each such report shall be filed with the borough tax assessor at the same time it is filed with the borough council.
[Ord. No. 324, § 3.8]
In the application and interpretation of this chapter, all provisions hereof shall be held to be minimum standards or requirements adopted for the promotion of the public health, safety, convenience and general welfare of the borough. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or that imposing the higher standards, shall govern.
[Ord. No. 324, § 3.9]
All sections of the land subdivision ordinance, zoning ordinance, site plan review ordinance or any other ordinance of the Borough of Union Beach, which contains provisions contrary to the provisions of this chapter shall be and are hereby (to the extent of such inconsistency), repealed, except that any building permit, variance, special use permit, occupancy permit or other permit validly issued pursuant to any such ordinance shall remain valid and effective and shall continue to be governed by the terms and conditions of such ordinance.
a. 
General Fines.
1. 
For any and every violation for the provisions of this section, or the use of construction methods and procedures, site maintenance methods and procedures, or any other activities which may result in hazards to life, health or property, the developer, owner, agent, tenant or contractor or other person having control of the building or premises where such violation has been committed or shall exist, and any other person who commits, takes part in, assists, allows or suffers such violation to exist, shall for each and every day that such a violation continues be subject to a fine not less than $100 nor more than $2,000 for each offense or may be imprisoned in the county jail or another place of imprisonment or confinement for a term not exceeding 90 days or a period of community service not exceeding 90 days, or both.
2. 
If the code enforcement bureau official, borough engineer or other code enforcement officer chooses to impose a line in an amount greater than $1,250, the owner or agent or contractor or other person having control of the building or premises shall, upon notice by personal service or certified mail, have a period of not less than 30 days in which the owner, agent or contractor shall be afforded the opportunity to cease, cure or abate the condition constituting the violation. Subsequent to the expiration of the thirty-day period of a fine greater than $1,250 may be imposed if a court of competent jurisdiction has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed.
3. 
The minimum penalty that shall be imposed for a violation of this section is a fine of $100. Each day that a violation occurs shall be deemed a separate and distinct violation.
4. 
Any person convicted of violating any provision of this section within one year of the date of a previous violation, which resulted in a conviction, shall be sentenced to an additional fine or other penalty as a repeat offender. The additional fine imposed by the court for a repeat offense shall not be less than the minimum fine or exceed the maximum fine permitted by this section, but shall be calculated separately from the fine imposed for the violation of the section.
b. 
If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which municipal approval is required by this chapter pursuant to N.J.S.A. 40:55D-1 et seq., such person shall be subject to a penalty not to exceed $1,000, and each lot disposition so made may be deemed a separate violation.
In addition to the foregoing, the municipality may institute and maintain a civil action:
1. 
For injunctive relief; and
2. 
To set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate of compliance has not been issued in accordance with subsection 13-3.7b of this chapter.
In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land, from which the subdivision was made that remains in the possession of the developer or his assigns or successors, to secure the return of any deposits made or purchase price paid, and also, a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of said land or within six years, if unrecorded.
c. 
If, after final approval it is discovered that there was any misrepresentation of any statements or proofs contained in any plat or in any application for approval or in any representations made to induce approval, the planning board or the borough council may, in addition to such other sanctions as are available in the law, revoke the approval of any plat and proceed as if final approval had not been obtained.
All amendments to this chapter and to the zoning map, which forms a part hereof, shall be adopted in accordance with the provisions of N.J.S.A. 40:55D-1 et seq., as amended and supplemented.
If any section, paragraph, subdivision, clause or provision of this chapter shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, subdivision, clause or provision so adjudged, and the remainder of this chapter shall be deemed valid and effective.
a. 
After the effective date of this chapter all new applications for development shall be subject to the provisions of this chapter. Within 45 days of submission of such application for development the administrative officer shall notify the developer in writing if an application for development is found to be incomplete or it shall be deemed to be properly submitted and constitute a complete application 45 days after the date of submission. If a developer is notified that an application for development is incomplete the administrative officer shall further notify the developer within 45 days of submission of all the additional plans and supporting documentation requested if an application for development is still found to be incomplete or it shall be deemed to be properly submitted and constitute a complete application 45 days after submission of all the additional plans and supporting documentation requested.
b. 
All applications for development filed prior to the effective date of this chapter may be continued, subject to the following:
1. 
The time limits for approval by the municipal agency set forth within this chapter shall not apply unless the developer shall notify the municipal agency in writing that he desires the application to be considered within such time limits. Such letter of notification from the developer shall constitute the filing of a new application for development subject to the provisions of paragraph a of this subsection and all other provisions of this chapter.
2. 
If the developer does not notify the municipal agency that he desires the application for development to be considered within the time limits set forth in this chapter, such application for development shall be processed and acted upon pursuant to the procedures heretofore in effect at the time of such application.
3. 
All approvals granted after the effective date of this chapter shall confer upon the applicant all the rights set forth in this chapter.
Upon adoption of this chapter the borough clerk shall file a copy of this chapter with the Monmouth County Planning Board as required by N.J.S.A. 40:55D-16.
[Ord. #324; Ord. #444; Ord. #96-748; Ord. #2005-55; Ord. #2007-102]
Except as otherwise provided in this chapter, the lawful use of land or a building existing at the date of the adoption of this chapter may be continued although such use or building does not conform to the regulations specified by this chapter for the zone in which such land or building is located; provided, however, that:
a. 
No nonconforming lot shall be further reduced in size.
b. 
No nonconforming building shall be enlarged, extended or increased unless such enlargement would tend to reduce the degree of nonconformance, provided, however, that any nonconforming residential and accessory buildings now existing can be enlarged, extended or increased in size as long as the enlargement does not violate front, side, rear yard, height and total lot coverage regulations for the zone in which the building(s) exist(s) and does not continue an existing violation of front, side or rear yard setback(s), or height limitation(s), further in the direction where the extension does not violate the setback regulation.
c. 
No nonconforming use may be expanded.
A nonconforming use or building shall be presumed to be abandoned when there occurs a cessation of use or activity by an apparent act or failure on the part of the tenant or owner to reinstate such use or occupancy within a period of one year from the date of cessation of discontinuance. Such use shall not thereafter be reinstated and the structure or building shall not be reoccupied, except in conformance with this chapter.
Any nonconforming use, building or structure which shall sustain partial destruction by any means or cause may be restored or repaired to its condition prior to the destruction. For the purpose of determining what constitutes partial destruction 50% of replacement value of the affected improvement may be used as a nonbinding guideline subject to the facts of each case. Any decision of the zoning officer denying the permits required to restore or repair a partially destroyed nonconforming use, building or structure may be reviewed by the planning board pursuant to an application for a variance under either N.J.S.A. 40:55D-70(c) or (d) as appropriate.
No nonconforming use shall, if once changed into a conforming use, be changed back again into a nonconforming use.
A nonconforming building or structure may be altered, but not enlarged or extended, during its life provided no walls or partitions, no doors or other openings are removed or installed, and no other structural changes are made either within or without the building or structure, unless said building is changed to a building or structure conforming to the requirements of this chapter.
Nothing herein contained shall require any change in the plans, construction or designated use of a building for which a building permit has been heretofore issued and substantial construction has taken place prior to the date of the adoption of this chapter.
Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the provisions of this chapter shall also apply to any nonconforming uses existing therein or created thereby.
[Ord. #324.19; Ord. #670; Ord. #2001-831; Ord. #2005-55; Ord. #2006-81]
Any restrictions or requirements with respect to buildings or land, which appear in other ordinances of the borough or are established by law and which are greater than those set forth herein, shall take precedence over the provisions of this chapter.
Except as herein otherwise provided:
a. 
No building shall be erected and no existing building shall be moved, altered, added to or enlarged, nor shall any land or building be designed, used, or intended to be used, for any purposes or in any manner other than as specified among the uses hereinafter listed as permitted in the zone in which such building or land is located.
b. 
No building shall be erected, no existing buildings shall be altered, enlarged or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in conformity to the yard, lot area, and building location regulations hereinafter designated for the zone in which such building or open space is located.
c. 
No off-street parking area, loading or unloading area provided to meet the minimum off-street parking, loading or unloading requirements for one use or structure shall be considered as providing off-street parking, loading or unloading area for a use or structure on any other lot, unless specifically permitted elsewhere in this chapter.
d. 
No subdivision may be approved unless each lot contained in said subdivision complies with all the requirements of the zone in which said lot is located, or unless a variance has been granted therefrom.
e. 
No use shall be considered a permitted use or a conditional use in a zone district unless included as such in the particular zone district.
[Ord. No. 324, § 5.3; Ord. No. 2006-81]
Effective June 3, 1997 certain site improvements as specified by state statute and associated with residential site plans, subdivisions, or planned unit residential developments are regulated by the Residential Site Improvement Standards (N.J.A.C., Title 5. Chapter 21).
For residential development, the standards set forth in any subsequent provision of this section relating to bikeways, curbs and gutters, parking, public utilities, sewage collection and disposal systems, sidewalks, walkways and pedestrian walks, sight easements, storm drainage facilities, street signs, streets and highways and water supply systems are superseded by the Residential Site Improvement Standards (N.J.A.C. Title 5, Chapter 21).
[Ord. No. 324, § 5.4]
a. 
Every principal building shall be built upon a lot with frontage upon a public street improved to meet the borough requirements or for which such improvement has been guaranteed by the posting of a performance guarantee pursuant to this chapter unless relief has been granted under the provisions of N.J.S.A. 40:55D-36.
b. 
Where a building lot has frontage on a street, which the master plan or the official map of the borough indicates is proposed for right-of-way widening, the required front yard setback shall be measured from such proposed right-of-way line.
[Ord. No. 324, § 5.5; Ord. No. 2005-55; Ord. No. 2014-200, § 2; Ord. No. 2017-259 § 1]
a. 
No yard or other open space provided around any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other buildings, and no yard or other open space on one lot shall be considered as providing a yard or open space for a building on any other lot.
b. 
All yards facing on a public street shall be considered front yards and shall conform to the minimum front yard requirements for the zone in which located, except as otherwise provided in this chapter and that for purposes of swimming pools and accessory buildings the yard upon which the principal building faces shall be considered the front yard and the yard to the rear of the principal building shall be considered a rear yard.
c. 
Every part of a required yard shall be open and unobstructed from its lowest level to the sky, except for the ordinary projections allowed by the State Uniform Construction Code including, but not limited to, sills, belt courses, chimneys, flues, buttresses, ornamental features, and eaves, provided, however, that none of the aforesaid projections shall project into the minimum required yards more than 24 inches unless otherwise permitted by this chapter. Unroofed entrance porches, terraces, ADA ramps, stairs and landings which do not rise above the height of the floor level of the ground floor may extend up to five feet into the required side yard; up to 10 feet into any required front yard and up to 10 feet into any required rear yard providing the total area of all such porches, terraces, ADA ramps, stairs and landings which extend into such yards, does not exceed 1,000 square feet.
d. 
The total lot coverage of the square footage of the ground floors of all buildings located on a lot in any residential zone shall not exceed 25% of the total square footage of the lot as shown by an accurate survey. The total lot coverage of the square footage of the ground level of all buildings and structures combined located on a lot in any residential zone shall not exceed 50% of the total square footage of the lot. The purpose of this limitation is to ensure a water permeable surface within the residential zone sufficient to absorb and diffuse rain and other surface water in order to prevent or alleviate flooding.
[Ord. No. 324, § 5.6]
a. 
On all corner lots, the depth of all yards abutting on streets shall not be less than the minimum front yard depth required on all adjoining interior lots fronting on such street. However, provisions of this section shall not apply so as to reduce the buildable width to less than 50% of any lot less than 100 feet in width. No corner lot setback shall in any case be less than 20 feet unless otherwise permitted in this chapter.
b. 
Where the corner lot abuts interior lots located in an adjoining zone having lesser front setback requirements, buildings may assume the minimum front setback dimension of the adjoining zone only if the adjoining zone is immediately adjacent and contiguous to the property and the proposed building is to be situated within 100 feet of said adjacent zone.
c. 
Lot lines of corner lots that are coexistent with side lines of abutting lots shall be considered side lines.
d. 
Lot lines of corner lots that are coexistent with rear lines of adjoining lots shall be considered rear lines.
e. 
Lot lines of corner lots that are coexistent with lot lines of adjoining corner lots shall be considered side lines.
[Ord. No. 324, § 5.7]
Unless more stringent regulations are provided by other provisions of this chapter, at the intersection of two or more streets no hedge, fence, screening strip or wall higher than 30 inches above curb level, nor any obstruction to vision other than a post not exceeding one foot in diameter, shall be permitted on any lot within the triangular area formed by two intersecting street lines bounding said lot, or the projection of such lines, and by a line connecting a point on each street line located 25 feet from the intersection of the street lines.
[Ord. No. 324, § 5.8; Ord. No. 657; Ord. No. 2001-831; Ord. No. 2005-55; Ord. No. 2010-162, § 2; Ord. No. 2016-244 § 3; amended 6-18-2020 by Ord. No. 2020-292]
Unless otherwise specified in this chapter, accessory buildings and structures shall conform to the following regulations.
a. 
An accessory building attached to a principal building shall comply in all respects with the yard requirements of this chapter for the principal building. Detached accessory buildings shall be located in other than a front yard, and if located in a side or rear yard area, shall be set back as indicated in Section 13-10, Zoning District Regulations, for the specified distance, except that in the R-8 Residential Zone, storage sheds containing less than 100 square feet of floor area may be located not less than three feet from any side or rear lot line.
b. 
Accessory buildings may occupy not more than 35% of the rear or side yard area in any residential zone, provided that: such buildings shall not exceed 16 feet in height to the peak of the roof.
c. 
No detached accessory structure, in any residential zone, shall be less than five feet from the principal building.
d. 
If garage space is attached to or provided on the first floor of a single-family residence, vehicular entrances thereto shall be limited to not more than two garage doors, the maximum size of which shall not exceed nine feet in width and seven feet in height.
e. 
No accessory building located in any zone shall be either a quonset or a trailer, except for temporary structures erected or placed in the B-2, M-1 or M-2 Zones for a period not exceeding two months, or as extended pursuant to subsections 13-10.6d, 10, 13-10.8d,3 and 13-10.9d,1, or emergency or temporary structures in the R-8 Residential Zone for an initial period not exceeding six months, or as extended up to three months, as provided in subsection 13-10.4d,9 of this chapter, Temporary Uses and Structures, while a principal building is being repaired or modified.
f. 
No accessory building shall be used for residential purposes by any person or persons, including members of the family or occupants of the principal building or others employed on the premises.
The term "residential purposes" used in this subsection is to be broadly construed as including all normal residential use, excluding only accessory uses such as storage, utilities, mechanical equipment, parking, workshops, property maintenance activities, garden support facilities.
g. 
Detached accessory buildings shall not have exterior staircases that provide access to any attic space; however, interior stairs or pull down stairs shall be permitted.
h. 
Any lot shall not contain more than one accessory structure, in addition to a detached garage.
i. 
Accessory structures, such as a detached garage, storage shed, and gazebo over 100 square feet should be anchored for flood hazard purposes.
j. 
Unroofed decks and/or raised patios which do not rise above the height of the first floor level may extend up to five feet into the side yard setback; up to 10 feet into the front yard setback:; and located not less than 10 feet from any rear yard lot line. At-grade patios shall conform to the accessory structure setbacks as set forth in § 13-10.3A, Schedule of Area, Yard, Setback and Height Requirements, of this chapter.
[Ord. No. 324, § 5.9]
Any lot utilized for single-family or two-family dwelling purposes shall not contain more than one principal building.
[Ord. No. 324, § 5.10]
The provisions of this chapter shall not apply to customary underground essential services, except that all facilities such as pumping stations, repeater stations and electric substations, which require a building above ground or any other above ground appurtenance of any type more than 40 feet high, shall require approval as a conditional use subject to the provisions of this chapter.
[Ord. No. 324, § 5.11]
Where two or more lots, created by the filing of a map pursuant to the Map Filing Law prior to establishment of the borough planning board, have any contiguous lines and are in single ownership and one or more of the lots is nonconforming in any aspect, the lots involved shall be considered to be an undivided parcel for the purposes of this chapter and no portion of said parcel shall be conveyed or divided except through the filing of an approved subdivision in accordance with the provisions of this chapter.
a. 
No structure shall extend higher than the limit provided in each zone created hereunder for building height.
b. 
The height limitations created hereunder shall not apply to spires, belfries, cupolas or domes not used for human occupancy, or to parapets, walls or cornices extending not more than four feet above the building height limit.
c. 
The height limitations created hereunder shall apply to chimneys, ventilators, skylights, tanks, stair towers, elevator towers, appurtenances usually carried above the roof level and non-commercial radio and television antennas attached to a building, except that the same may exceed said height limitation by not more than 15 feet, except that skylights, heating and air conditioning equipment and ventilators may exceed the height limitation by no more than four feet. Such features shall not exceed, in total coverage, 20% of the total roof area.
d. 
Free standing non-commercial radio and television antennae and flag poles may exceed the height limits created hereunder by not more than 15 feet.
Wherever feasible all of the following shall be preserved in its natural state:
a. 
Floodway areas.
b. 
Areas containing a significant number of specimen trees.
c. 
Existing water courses, ponds, marshes and swamps.
d. 
Wetlands as defined by the New Jersey Wetlands Act of 1970 and delineated on wetlands maps prepared by the New Jersey Department of Environmental Protection.
Whenever a person acquires title to the land under water adjacent to his property by virtue of a riparian grant from the state, then the grant area shall automatically be zoned the same as the upland property adjacent to the grant, provided, however, that any part of this grant not filled, graded and stabilized pursuant to a valid construction permit shall not be applicable to meeting the minimum lot area for the governing zone.
Where applicable, the planning board shall require as a condition of site plan approval, that the owner convey to the borough, drainage easements, conservation easements, sight easements and/or other easements which may be required.
Solid wastes from single and two family homes, if stored outdoors, shall be placed in metal or plastic receptacles with tight fitting covers or in closed plastic bags.
Such receptacles shall not be stored or placed within any front yard area prior to the time at which solid wastes are permitted to be placed at the curb lines for collection. Such receptacles may be stored in either the rear or side yard areas, but if stored within a side yard area, they shall be screened from view of adjoining properties and street areas with planting or fencing.
Solid wastes from all uses other than single or two family homes shall comply with subsection 13-8.27 of this chapter.
The dumping of refuse, waste material or other substances is prohibited in all districts within the borough as permitted by borough ordinance.
a. 
Retail and/or wholesale business uses shall not display goods for sale, including motor vehicles, outdoors except in accordance with a site plan approved by the planning board, except as permitted for a marina operation.
b. 
Such outdoor displays shall only be permitted where the goods displayed are the merchandise of a business enclosed within a structure located on the site, or for temporary sidewalk or other types of outdoor sales, in accordance with a permit or other approval issued therefor by the borough council. Uses such as flea markets where two or more concessionaires, proprietors or businesses display goods for sale out of doors shall not be permitted in any zone within the borough.
c. 
Coin operated vending machines shall not be located further than two feet from a related business structure.
d. 
Goods for sale, displayed or stored outdoors including garage, yard or porch sales shall not be located closer than 25 feet to any street right-of-way or 15 feet to any side or rear line, except in conjunction with temporary sidewalk or other types of outdoor sales as permitted under paragraph b. Garage, yard or porch sales shall not exceed four to eight hours in duration in any given month.
e. 
Goods for sale, displayed or stored outdoors, shall not be located closer than 25 feet to any street right-of-way or 15 feet to any side or rear line, except in conjunction with temporary sidewalk or other types of outdoor sales as permitted under paragraph b.
a. 
Within any residential district, no building with a permitted home professional office or home occupation shall be constructed or altered so as to be inharmonious to the residential character of adjacent structures.
b. 
The types of construction not considered to be residential in character include store front type of construction, buildings with garage doors larger than needed for passenger vehicles or light commercial vehicles, unfinished concrete or cinder block wall surfaces, quonsets and trailers.
The exterior elevations shall be arranged and outer walls of non-residential buildings shall be faced with materials approved by the planning board in conjunction with site plan approval. The architecture of all buildings shall be compatible with structures on adjacent lands and in the neighborhood.
a. 
No part of a boat, trailer or camper shall intrude into the sidewalk or public street.
b. 
No boat, trailer or camper shall be parked on a public street without the approval of the police department. This approval shall be limited to a maximum period of 24 hours.
c. 
No boat, trailer or camper shall be stored in such a fashion as to block access or passage by emergency personnel.
d. 
Any boat, trailer or camper stored on property shall have a current registration, except for commercial property licensed to store boats or recreational vehicles. This requirement shall not apply to rowboats or sailboats which do not have an auxiliary engine and which move entirely by oar or sail.
e. 
No person or persons shall occupy or reside in any boat, trailer or camper, except for a trailer used for emergency purposes, as provided in subsection 13-5.8e, or temporary visits up to two weeks. If the visit exceeds two weeks the boat, trailer or camper must be moved to a campground.
a. 
No commercial vehicle having a rated maximum gross vehicle weight (GVW) in excess of five tons or having more than two axles shall be parked or stored overnight on any occupied property which is primarily used for residential purposes or on any vacant property in a residentially zoned area except for vehicles engaged in construction, parked or stored on an active construction site.
b. 
Not more than one motor vehicle with commercial motor vehicle registration having a rated maximum gross vehicle weight (GVW) of five tons or less shall be parked or stored overnight on any occupied property which is primarily used for residential purposes or on any vacant property in a residentially zoned area, except for vehicles engaged in construction, parked or stored on an active construction site. This provision shall not apply to passenger automobiles with commercial motor vehicle registration.
No building, structure or use shall be permitted within areas defined as wetlands by the New Jersey Wetlands Act of 1970 and delineated on the wetlands maps prepared by the New Jersey Department of Environmental Protection except in accordance with a permit issued under the Act.
a. 
Free standing radio and television antennae shall only be placed in the rear yard area and shall be located no closer than 15 feet to any property line.
b. 
Free standing antennae over 20 feet in height or antennae extending 20 feet above the point of attachment to a building shall be built to withstand winds of 100 miles per hour. In no circumstance shall the height of the antennae exceed the height limitations under subsection 13-5.12.
All development within the borough shall conform to the regulations of the State Uniform Construction Code which requires that any new construction or substantial improvements be reasonably safe from flooding. All new construction or substantial improvements shall also comply with current U.S. Housing and Urban Development Comprehensive Flood Insurance Regulations.
As a condition of approval and the continuance of any use, occupancy of any structure, and operation of any process or equipment, the applicant shall supply evidence, satisfactory to the planning board or to its designated representative that the proposed use, structure, process, or equipment will conform fully with all of the applicable performance standards. As evidence of compliance, the board may require certification of tests by appropriate government agencies or by recognized testing laboratories, any costs thereof to be borne by the applicant. The planning board may require that specific types of equipment, machinery or devices be installed, or that specific operating procedures or methods be followed if the government agencies or testing laboratories examining the proposed operation shall determine that the use of such specific types of machinery, equipment, devices, procedures or methods are required in order to assure compliance with the applicable performance standards. Permits and certificates required by other government agencies shall be submitted to the planning board as proof of compliance with applicable codes.
The planning board and/or governing body may require that instruments and/or other devices, or professional reports or laboratory analysis be used to determine compliance with the following performance standards for an existing or proposed use and the cost thereof shall be borne by the owner, applicant or specific use in question.
Artificial lighting or illumination provided on any property or by any use shall adhere to the following standards:
a. 
The illumination provided by artificial lighting on the property shall not exceed 0.5 foot candles beyond any property line.
b. 
Spotlights or other types of artificial lighting that provide a concentrated beam of light shall be so directed that the beam of light does not extend beyond any property lines.
c. 
Spotlights or other types of artificial lighting used to illuminate signs or building faces shall not emit beams of light that extend beyond the vertical plane of the sign or building face that they illuminate and shall not be located in such a manner as to cause the beams of light to be reflected upon any adjoining property, public street or vehicular circulation area.
It shall be the responsibility of every property owner, tenant, developer and applicant to maintain in a safe and orderly condition all buildings and land in the borough which they own, use, occupy or have maintenance responsibility for in accordance with the following regulations.
a. 
Maintenance of all land uses within the borough shall include, but is not limited to, the following:
1. 
Potholes and other pavement failure within paved parking areas shall be repaired on a regular basis, but in no event shall potholes or pavement failures be left unrepaired for a period in excess of 30 days. If such potholes or pavement failure are hazardous to vehicles, they shall be appropriately barricaded and marked to warn motorists.
2. 
Paint striping, traffic control signs and markings, and all other signs and graphics shall be maintained in a condition whereby they can be clearly seen and are legible.
3. 
Curbing, other pavement edging and sidewalks shall be maintained free of cracks and holes which would present a hazard to pedestrians or are unsightly.
4. 
Unpaved or gravel parking and pedestrian areas shall be maintained and regularly regraded in a manner which will keep the area free of holes and other severe grade changes which would be hazardous to vehicular and pedestrian usage.
5. 
All areas of the site shall be kept free of debris and other materials. All users of shopping carts or similar items shall provide for the regular pickup of such shopping carts or similar items from parking areas and other portions of the site at least once every hour during their business hours. All shopping carts or similar items shall either be stored indoors or in a location adjacent to the building specifically set aside for such storage during nonbusiness hours.
Shopping carts shall be marked with the name of the establishment, title and telephone number of person responsible for maintenance of the shopping carts, and a notice that they are not to be removed from the property on which the business is located. If shopping carts are removed from the property and abandoned, they shall be picked up by the business to which the cart belongs within 24 hours of notice from the borough. Failure to pick up such shopping carts within 24 hours of notice shall be a violation of this chapter, subject to the penalties prescribed herein.
6. 
All plantings and ground cover shall be regularly watered and cut. All dead plant materials shall be removed or replaced (if such plantings are required under this chapter, they shall be replaced only). All lawn or other non-paved areas shall be kept trimmed and free from weeds and other noxious growth.
7. 
Building finishes shall be maintained reasonably free of peeling or cracked paint, rust or other unsightly conditions.
8. 
All refuse stored outdoors shall be kept within containers having lids, which lids shall be kept closed except when refuse is being loaded or unloaded, and which lids shall secure tightly onto the container without any gaps providing access for rodents, insects and other vermin or animals. Such containers shall be stored in a manner that the refuse is not visible to pedestrians or persons within vehicles on or off the site. Such containers shall be stored only within side or rear yard areas and shall not be located to interfere with vehicular or pedestrian circulation.
9. 
All outdoor lighting shall be maintained in a working condition.
b. 
All land uses for which future development (site plan or subdivision) approval is granted subsequent to the adoption of this chapter or for which site plan or subdivision approval was previously granted under regulations heretofore in effect shall be required to maintain all structures and improvements shown on the approved site plan or subdivision in a safe and orderly condition. In addition to the maintenance responsibilities specified in subsection 13-5.28a, above, additional maintenance responsibilities shall include, but are not limited to, the following:
1. 
All ground cover and plantings within screening and landscaping areas shown on an approved site plan or subdivision shall be regularly maintained. When plant material shown on an approved site plan or subdivision dies, it shall be replaced within the first 30 days of the next planting season.
2. 
Where a site plan specifies an outdoor refuse storage area, refuse shall only be stored outdoors in such area. Refuse containers located elsewhere on the site shall not be permitted.
c. 
Failure of the responsible property owner, tenant, developer and/or applicant to maintain property in accordance with the provisions of this section shall be a violation of this chapter subject to the penalties prescribed in subsection 13-3.10.
Notwithstanding any provisions contained in Chapter 13, Land Use and Development Regulations to the contrary, entertainment both live and nonlive shall be permitted at schools, churches, public buildings, parks, and playgrounds, fire and first aid houses and veterans halls which are consistent with the normal contemplated uses and special event uses of such facilities, including but not limited to plays, skits, shows, dances and dancing, and such other reasonable activities with the consent and under the supervision of the group or organization which has authority and control of such facility.
[Ord. No. 95-741]
a. 
Adult Movies and Bookstores Prohibited.
1. 
Purpose and Intent: In accordance with the provisions of N.J.S.A. 40:55D-2 it is declared to be the purpose and intent of this subsection to protect the public health, safety, welfare and morals of the Borough of Union Beach, to promote the stability of property values, and impose restrictions upon those activities which pander to gross sexuality in a manner that would detract from the neighborhood, adversely affect the property values, increase crime and violence, and be repugnant to the morals of the community. In recognition of the protections afforded to the citizens under the First and Fourteenth Amendments, it is not the intent of this subsection to inhibit freedom of speech or the press, but rather to deter those of low morals from imposing their lack of morals upon the rest of the community; and further recognizing that those parts of a community, which become centers of loose moral conduct, frequently become places of rowdiness, criminality, and indecent behavior. It is further the belief that just as advertising is designed to stimulate one's appetite for desiring goods or a service, an over-abundance of preoccupation with sexual displays or material arouses the appetites of those so preoccupied and encourages violations of the criminal statutes involving sexual offenses and is contrary to the health, safety and welfare of the community.
b. 
Definitions. As used in this subsection, 13-5.30, any defined terms shall have the meanings as defined, unless the context clearly indicates that a different meaning is intended.
1. 
For the purpose of this Section "specified sexual activities" is defined as:
(a) 
Human genitals in a state of sexual stimulation or arousal;
(b) 
Acts of human masturbation, sexual intercourse or sodomy;
(c) 
Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
2. 
For the purpose of this subsection, "specified anatomical areas" is defined as:
(a) 
Less than completely and opaquely covered:
(1) 
Human genitals, pubic region,
(2) 
Buttock, and
(3) 
Female breast below a point immediately above the top of the areola; and
(b) 
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
c. 
Adult Movies, Cabarets, and Bookstores Prohibited.
1. 
Book Sales. No person, firm or corporation shall sell or offer for sale any book, magazine or other periodical such is distinguished or characterized by emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."
2. 
Mini Motion Picture Displays. No person, firm or corporation shall offer for viewing either free of charge or through coin-operated motion picture devices or any other movie or form of display; which has significant displays of specified sexual activities or specified anatomical areas.
3. 
Cabarets. No person, firm or corporation shall feature or permit dancers, or other persons to be engaged in specified sexual activities.
d. 
Obscene Video Games, Computer Games and Coin Operated Games. It shall be unlawful for any person to own, lease, operate or offer for the use of the public within the Borough of Union Beach any coin-operated amusement devices, video games, computer games or viewing machines which depict material which is obscene if considered as a whole, applying community standards, its predominate appeal is to prurient interests, that is, a shameful or morbid interest in nudity, sex or excretion, and utterly without redeeming social value and if, in addition, it goes substantially beyond customary limits of candor in describing or representing such matters. This prohibition also applies to the free of charge showing and/or allowing the viewing in total or part of any of said obscene games or devices, etc., which are otherwise offered for sale for either on or offsite viewing.
e. 
Visibility - Required in Picture Arcades.
1. 
Findings and Purpose. Enclosed or concealed booths and unlit or dimly lit areas within picture arcades greatly increase the potential for misuses of the premises, including unlawful conduct of a type which facilitates transmission of disease. The provisions of this subsection are necessary in order to reduce the opportunity for, and therefore the incidence of, illegal conduct within picture arcades, and to facilitate the inspection of conduct within picture arcades by law enforcement personnel and authorized borough inspectors.
2. 
Picture Arcade. Any room to which the public can gain admittance where one or more coin or slug-operated or electrically, electronically or mechanically controlled still or motion picture machines or projectors or video monitors are designed, operated or maintained to show still or motion pictures or videos to five or fewer persons per machine, projector or monitor at any one time.
3. 
Visibility of Interior. It shall be unlawful for any person, partnership, corporation or other entity to own, operate, maintain or manage a picture arcade, unless the complete interior of the portion of the premises where the pictures can be viewed is continuously open and fully visible. Booths within picture arcades where still or motion pictures are viewed are prohibited.
4. 
Minimum Lighting Requirements. A level of illumination established by the chief of police, based upon generally accepted lighting standards, and published in a list of rules and regulations governing picture arcades shall be maintained during hours of operation in all parts of any picture arcade which are open to the public. The list of rules and regulations shall be available upon request to the police department.
5. 
Existing Picture Arcades. Any picture arcade lawfully in existence on the effective date of this subsection shall be made to conform to the provisions of this subsection by January 1, 1996.
f. 
Nuisance Injunction. Any violation of this subsection 13-5.30 is hereby declared to be a nuisance. In addition to any other relief provided by this subsection, the borough attorney may apply to a court of competent jurisdiction for an injunction to prohibit the continuation of any violation of this subsection. Such application for relief may include seeking a temporary restraining order, temporary injunction or permanent injunction.
g. 
Penalty. Any person, firm or corporation violating any provision of this subsection 13-5.30 shall be fined or imprisoned pursuant to the general penalty provision provided by section 3-1 et seq. of the "Revised General Ordinances of the Borough of Union Beach 1980" for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[Ord. No. 2003-34; 6-18-2020 by Ord. No. 2020-291]
For individual building lots, no fill shall be placed on any property within the Borough of Union Beach, nor shall any soil be removed from any property within the Borough of Union Beach without the prior approval of the Borough. Approval of a site plan or subdivision showing such filling or removal or approval of a grading plan upon the advice of the Borough Engineer and/or Planning Board shall constitute such approval of the Borough.
Where soil removal or fill changes the existing grade of the property, a grading plan will be required for review and approval upon advice of the Borough Engineer. The proposed grading shall be in a manner so as to permit the continued flow of natural drainage and shall not cause surface water to be blocked or dammed to create ponding either on the subject property upon which such is located or on any adjacent lots.
Prior to issuance of a final certificate of occupancy an as-built grading plan will be required for review and approval by the Borough Engineer. The as-built plan shall show the existing grade prior to the removal or fill, as well as the completed grading.
Unless otherwise permitted by a municipal agency, the construction official or his designee, grading plans and/or accompanying information submitted must conform to the following minimum standards:
a. 
Show existing and proposed grading information for the entire property, not just the limits of disturbance.
b. 
Existing grading information must be taken from field surveys or identifiable aerial mapping of appropriate resolution (0.5 feet+-). Existing grading information taken from aerials is not acceptable. The source of the existing grading information must be identified.
c. 
Show the locations of all existing and proposed principal and accessory structures.
d. 
Show all existing and proposed improvements (principal and accessory) and grading changes with sufficient horizontal and vertical information to identify the limits of grading.
e. 
Include the name and the qualifications of the person preparing the plan.
f. 
Include the name and address of the property owner, if known; provide the name and address of the contractor, the name and address of the person responsible for the site grading; and a 24 hour emergency contact telephone number.
g. 
Show all proposed soil erosion and sediment control measures, as well as a proposed sequence of construction.
h. 
Show the locations of all streams, drainage swales or ditches, bodies of water, regulated wetlands, or similar environmental features.
i. 
Show all existing and proposed subsurface drainage related elements, including, but not limited to, pipes, inlets, blind drains, wet wells, sump pump discharges, down spout/leader drains, dry wells, etc.
j. 
Show grading information on adjacent lots which clearly identifies drainage patterns. A minimum of 20 feet is required. If the property is flat or if the drainage patterns are poorly defined, additional information may be required.
k. 
Provide gutter and centerline elevations on all abutting roads at 50 foot intervals. If the lot frontage is 100 feet or less, a minimum of three elevations must be provided along the frontage; one at each property line and one in the center.
[Ord. No. 2016-244 § 4]
a. 
Building on Pilings, Columns or Piers. Elevated buildings shall provide screening (except where vehicular access is provided, and except where the columns or piers are suitably finished) so that the construction-grade pilings, columns, piers and cross-bracing are not visible from the street and adjoining properties, in a manner permitted by the Federal Emergency Management Agency Flood Hazard Regulations and the Borough Flood Damage Prevention Ordinance. The screening shall be permanent (except in a "V" zone where break-a-way walls are required), and may be constructed of wood panels, vinyl, dimensional lattice, masonry or other suitable material compatible with the finish and architectural style of the building.
b. 
Buildings Elevated by Means of Solid Foundation Perimeter Walls. Solid foundation perimeter walls shall be finished in a manner that does not detract from the appearance of the neighborhood. Unfinished concrete block and cinder block is not acceptable. Split-face and decorative block, stucco, wood, vinyl and fiber cement siding, brick (and veneers), stone (and veneers), or other suitable material compatible with the finish and architectural style of the building are acceptable foundation wall treatments.
[Added 6-18-2020 by Ord. No. 2020-292]
a. 
A private garage accessory to a principal residential building is permitted in any residential zone.
b. 
No part of any garage shall be used for residential purposes. The term "residential purposes" used in this subsection is broadly construed as including all normal residential use, excluding only accessory uses such as storage, utilities, mechanical equipment, parking, workshops, property maintenance activities, garden support facilities.
c. 
One driveway and one curb cut shall be permitted for lots with less than 100 feet of frontage the R-8 Residential Zone district. Lots with greater than 100 feet of frontage shall have no more than two single driveway curb cuts having a maximum twelve-foot width in the R-8 Zone district.
d. 
Driveways in the R-8 Zone district shall be set a minimum of two feet from adjacent property lines unless adjacent property owners enter into an agreement for maintaining a joint driveway.
e. 
Driveways in the R-8 Zone district shall have a minimum width of nine feet.
f. 
Driveway shall have a maximum width of the greater of the width of the garage door plus two feet, or 12 feet, whichever is greater.
g. 
Off-street overnight parking shall be permitted only in garages or in driveways. No overnight parking may take place on lawn areas or other portions of the lot not intended for parking. All areas properly used for parking shall be defined and included in lot coverage.
h. 
Residential driveways and parking areas shall not occupy more than 40% of the front yard in the R-8 Zone district.
[Ord. #324; Ord. #625; Ord. #98-780; Ord. #2005-55; Ord. #2006-81]
In all zones for all proposed uses, subdivision, site development or construction other than an "exempt development," site plan and/or subdivision approval shall be required prior to:
a. 
Subdivision of land.
b. 
Issuance of a development permit.
c. 
The issuance of a building permit for any new structure or for any addition to or alteration of an existing structure.
d. 
Any change of use of land or structure to a use for which any of the standards of this chapter are more restrictive or stringent.
e. 
Any expansion of the total number of employees, number of employees in any shift, or the number of vehicles to be stored or parked on the site exceeding 25% of the amount existing at the time of passage of this chapter or as set forth at the time of a previous site plan approval.
f. 
The construction or alteration of any public facility, structure or building for which referral to the planning board for review and recommendation is required by N.J.S.A. 40:55D-31.
g. 
The construction or alteration of, or addition to any off-street parking area which provides an increase of more than five parking spaces.
a. 
Application shall first be made to the administrative officer for issuance of a development permit by any person wishing to undertake any of the following:
1. 
Subdivision of land.
2. 
Construct a new building or structure.
3. 
Add to or structurally alter any existing building.
4. 
Change the use on any land or within any building or structure.
5. 
Any expansion of the total number of employees, number of employees in any shift, or the number of vehicles to be stored or parked on the site exceeding 25% of the amount existing at the time of passage of this chapter or as set forth at the time of a previous site plan approval.
6. 
Construct, add to or alter any parking area, signs, lighting, drainage facility or any other site improvement above and/or below ground level.
7. 
Alter the existing condition of any parcel of land.
b. 
If the construction official shall determine that the proposed undertaking is an "exempt development" which conforms in all aspects to the requirements of this chapter, and does not change or alter the grading or runoff flow or capacity of the site, and does not require direction for issuance of a building permit pursuant to N.J.S.A. 40:55D-34 or 36 of the Municipal Land Use Law, he shall issue a development permit and the applicant may then apply for a building permit and/or other permits that may be required.
c. 
If the construction official shall determine that the proposed undertaking is an "exempt development" but does not conform in all aspects to the requirements of this chapter, and/or does not change or alter the grading or runoff flow or capacity of the site, and/or requires direction for issuance of a building permit pursuant to N.J.S.A. 40:55D-34 or 36 of the Municipal Land Use Law, he shall instruct the applicant that planning board approval of the application for development and/or variance and/or direction for issuance of a building permit is required before a development permit may be issued allowing the applicant to apply for a building permit and/or other permits that may be required.
d. 
If the construction official shall determine that the proposed undertaking is not an "exempt development" he shall instruct the applicant that planning board approval of an application for development is required. He shall further advise the applicant which of the following approvals are required:
1. 
Site plan.
2. 
Subdivision.
3. 
Variance.
4. 
Conditional use.
5. 
Direction for issuance of a building permit.
e. 
Unless the developer elects to submit a separate application pursuant to the last paragraph of subsection 13-3.li,5(d) (N.J.S.A. 40:55d-70(d)) the planning board shall hear and act upon any requests for granting of variances, conditional use approval and/or direction for issuance of a building permit at the same time that they hear and act upon a minor subdivision, preliminary plat of a major subdivision, or a preliminary plat of a major site plan. Such simultaneous action may be taken in conjunction with a final plat of a major subdivision or site plan if revisions in the plat subsequent to preliminary plat approval shall have created the need for such simultaneous action or if the application is for combined preliminary and final plat approval.
f. 
Certain commercial, industrial, multi-family or professional buildings shall be exempt from the requirement for sit plan approval under the following circumstances.
1. 
The proposed change in use of the land or building is from one permitted use to another permitted use and the cost of the alteration of the building or site will not exceed $50,000;
2. 
The proposed change in use of the land or building is from one permitted use to another permitted use and the proposed alteration of the building will not extend the physical size of the building, structure or other site improvement, regardless of cost;
3. 
The proposed change in use of the land or building is from one permitted use to another permitted use and the applicant proposes to install additional exterior lighting not exceeding 500 watts.
Any person who desires to obtain approval of a site plan or subdivision may request to be scheduled at a conference meeting of the planning board for an informal discussion of the proposed development. The purpose of the informal discussion shall be to establish general guidelines to be followed by the applicant in preparing the submission.
a. 
Submission Requirements. All applications for development shall be submitted and shall be accompanied by at least seven copies of the required application forms, plat maps and supporting attachments, exhibits and information. Applications for development shall not be accepted by the administrative officer unless they are accompanied by the required fees and all taxes are paid up to date as set forth in subsection 13-3.4.
b. 
Administrative Review. Upon receipt of an application for development, the construction official shall retain the original of the application and forward the other two copies of the application and all plat maps, supporting attachments, exhibits and other information submitted to the secretary of the planning board. The secretary of the planning board shall review the application for compliance with submission requirements. If the application is for a site plan, subdivision and/or conditional use, the secretary of the planning board shall make the following distribution of the application, plat maps and attachments:
Application
Plat Maps & Attachments
Monmouth County Planning Board
1
2
Bayshore Regional Sewage Authority
1
2
Borough Engineer
1
2
The planning board may determine that additional distribution of the application, plat map and attachments should be made to other agencies and in such cases the applicant may be required to submit additional prints.
c. 
Engineering Review. The borough engineer shall review applications for development for site plans, subdivisions and conditional uses and shall advise the planning board and the applicant of any technical deficiencies, required changes and/or recommended changes. Seven copies of revised plans and attachments, which correct all deficiencies, incorporate all required changes and satisfactorily consider all recommended changes shall be submitted to the planning board for further review.
d. 
Certificate of Completeness. When all submission requirements have been fulfilled and, in the case of site plans, subdivisions and conditional uses, when reports have been received from the borough engineer that the plans and attachments submitted are in technical compliance, the secretary shall issue a certificate of completeness and schedule the application for development for public hearing before the planning board.
e. 
Conditional Approvals. After issuance of a certificate of completeness, all applications for development shall be acted upon by the planning board within the time limits set forth within section 13-3 of this chapter, or within such further time as may be consented to by the applicant. If required approvals from other government agencies have not been received prior to planning board approval of an application for development, such approval shall be conditional upon the subsequent approval or approvals by the other government agencies unless the applicant shall request that such approval be withheld until the approval or approvals from the other government agencies have been received.
If approval is granted conditioned upon the subsequent approval of another government agency and such government agency requires revisions in the plat which alter the layout and design standards approved by the planning board to an extent that the board determines that the basis upon which the approval was granted has been changed, the applicant shall be required to receive revised approval from the planning board and pay the fees for such revised approval set forth in subsection 13-3.4 of this chapter.
f. 
Board Action. In acting upon an application for development for a subdivision or site plan, the planning board shall consider whether the submittal complies to the following standards and regulations:
1. 
The proposed use is consistent with the master plan.
2. 
The plat submission contains all of the information and data required by this chapter.
3. 
The details and improvement standards of the plat are in accord with the standards of this chapter.
4. 
Adequate provision is made for safe and convenient vehicular traffic access, circulation and parking.
5. 
Adequate provision is made for safe and convenient pedestrian circulation.
6. 
Ingress and egress for the site will not unduly impede or obstruct the flow of traffic on public streets.
7. 
Adequate provision has been made for the collection and disposal of storm water runoff and the proposed drainage facilities have been approved by the borough engineer.
8. 
Adequate provisions has been made to screen adjoining residential properties from any adverse effects that might result from outdoor lighting, buildings, parking areas, refuse storage areas, recreation areas, equipment areas, bulk storage areas or similar utilities or structures located on the site.
9. 
Adequate provision has been made for compliance with the performance standards of this chapter.
10. 
Adequate provision has been made to provide structures and uses of a quality and design which will not produce adverse effects on existing developments in the surrounding areas or further uses designated for the surrounding area in the master plan.
11. 
The proposed development is compatible with approved subdivisions and/or site plans for adjacent and nearby parcels of land.
12. 
Materials designated in the Borough of Union Beach Recycling Ordinance-520 (The Revised General Ordinances of the Borough of Union Beach, 1980, section 12-6 et seq.) shall be separated from other solid waste by the generator and a storage area for recyclable material shall be provided as follows:
(a) 
For each application for development or building permit for "exempt development" for single family unit(s), the applicant shall provide a storage area of at least 12 square feet within each dwelling unit to accommodate a four week accumulation of mandated recyclables (including but not limited to: newspaper, glass bottles, aluminum cans, tin and bi-metal cans). The storage area may be located in the laundry room, garage, basement or kitchen.
(b) 
For each application for development for multifamily units, the applicant shall provide a storage area of at least three square feet within each dwelling unit to accommodate a one week accumulation of mandated recyclables (including but not limited to: newspaper, glass bottles, aluminum cans, tin and bi-metal cans). The storage area may be located in the laundry room, garage, or kitchen. Unless recyclables are collected on a weekly basis from each dwelling unit, one or more common storage areas must be provided at convenient locations within the development.
(c) 
For each site plan application for commercial and industrial developments that utilize 1,000 square feet or more of land, the applicant shall provide the municipal agency with estimates of the quantity of mandated recyclable materials (including but not limited to: newspaper, glass bottles, aluminum cans, tin and bi-metal cans, high grade paper, and corrugated cardboard) that will be generated by the development during each week. A separated storage area must be provided to accommodate a one to four weeks accumulation of recyclable material. The municipal agency may require the location of one or more common storage areas at convenient locations within the development.
g. 
Reproduction Fee and Issuance of Development Permit. Approvals of all applications for development shall not be valid until all of the following have taken place;
1. 
The administrative officer shall certify that all conditions of approval have been satisfied.
2. 
In the case of applications for development for site plans and subdivisions, the applicant shall submit the reproducible original of the plat for signature by the chairman and secretary of the planning board, and in the case of minor subdivisions or final plats of major subdivisions, to the borough engineer.
3. 
In the case of applications for development for site plans and subdivisions, the applicant shall have been paid the required reproduction fees.
4. 
The administrative officer shall cause three copies of the signed plat and attachments to be reproduced. One copy shall be retained in the files of the administrative officer, one copy shall be retained in the files of the borough engineer and one copy shall be retained in the files of the planning board.
5. 
After signature and reproduction the administrative officer shall return the reproducible original of the plat and attachments to the applicants.
6. 
For all applications for development that receive minor or final plat approval, the administrative officer shall issue a development permit after the plat has been signed. The date of the development permit shall be the date upon which the approval becomes valid. The date upon which the approval of applications for development related to preliminary plats becomes valid shall be the date on which the plat is signed by the chairman and secretary of the planning board. However, the period of time for which certain rights are conferred upon the applicant shall commence on the date which the planning board granted the approval.
a. 
Required Documents. Prior to issuance of a certificate of completeness or scheduling of a minor subdivision for public hearing, the board secretary shall determine that the following have been submitted in proper form:
1. 
A certificate of title, which may be on the plat (signed by the owner and notarized) or a letter form, signed by a member of the New Jersey Bar, by a title officer or authorized agent of a title insurance company licensed to do business in the State of New Jersey, which certificate shall confirm that the owner of the premises in question is the owner as shown on the plat.
2. 
Borough engineer's report.
3. 
Application for state wetlands approval where required.
4. 
Other submittals that may be required by the borough engineer, planning board, board of adjustment, or federal, state or local law.
5. 
The application for development for a minor subdivision shall include a request for the granting of any variances required.
6. 
Required application fees.
7. 
Seven, copies of a plat and attachments meeting the requirements set forth below.
b. 
Plat Requirements.
1. 
General Requirements: The plat for a minor subdivision shall be drawn at a scale of not less than 100 feet to the inch, shall conform to the provisions of the Map Filing Act, Chapter 141 of the Laws of 1960 of the State of New Jersey as amended and supplemented and shall include or be accompanied by the information specified below:
(a) 
All dimensions both linear and angular, of the exterior boundaries of the subdivision, all lots and lands reserved or dedicated for public use shall balance and their descriptions shall close within a limit or error of not more than one part in 10,000.
(b) 
The minor subdivision shall be based upon a current boundary survey certified to the subdivider and prepared or recertified not less than 12 months prior to the date of application.
2. 
Title Block: A title block shall appear on all sheets and include:
(a) 
Title of "minor subdivision."
(b) 
Name of the subdivision, if any.
(c) 
Tax map sheet, block and lot number(s) of the tract to be subdivided as shown on the latest borough tax map, the date of which shall also be shown.
(d) 
Acreage of the tract being subdivided to the nearest tenth of an acre.
(e) 
Names and addresses of owner and subdivider so designated.
(f) 
Date (of original and all revisions).
(g) 
Name, signature, address and license number of the land surveyor who prepared the map and made the survey (the plat shall bear the embossed seal of said land surveyor).
3. 
Detailed Information:
(a) 
A key map (at a scale of not less than one inch equals 1,000 feet showing the location of the tract to be subdivided with reference to surrounding areas, existing streets which intersect or border the tract, the names of all such streets and any zone boundaries and borough boundary which is within 500 feet of the subdivision.
(b) 
The names of all owners of and property lines of parcels adjacent to the land to be subdivided, including properties across the street, as shown by the most recent records of the borough.
(c) 
All zone boundaries, borough borders, existing public easements, tax map lot and block numbers, watercourses, floodways and flood hazard areas within 200 feet, and both the width of the paving and the width of the right-of-way of each street within 200 feet of the subdivision.
(d) 
All existing structures, with an indication of those which are to be destroyed or removed, and the front, rear and side yard dimensions of those to remain, referenced to proposed lot lines.
(e) 
All proposed public easements or rights-of-ways and the purposes thereof.
(f) 
The existing system of drainage of the subdivision and of any larger tract of which it is a part, together with information on how it is proposed to dispose of surface drainage (where required by the board or borough engineer.)
(g) 
All proposed lot lines and the areas of all lots in square feet. The areas and dimensions specified shall be shown to the nearest hundredth of a square foot or hundredth of a linear foot.
(h) 
North arrow.
(i) 
Written and graphic scales.
(j) 
A copy of any existing or proposed covenants or deed restrictions applying to the land being subdivided or certification that none exist. Such certification may be in letter form signed by a member of the New Jersey Bar, by a title officer or authorized agent of a title insurance company licensed to do business in New Jersey.
(k) 
Proposed lot and block numbers approved by the borough engineer.
(l) 
Such other information as the board and/or borough engineer may require or request during the review of the application for classification and approval as a minor subdivision.
c. 
Conditions of Approval. Any approval of an application for development for a minor subdivision granted by the planning board or board of adjustment shall be subject to the following conditions being satisfied prior to signing of the plat or issuance of a development permit:
1. 
Installation of or posting of performance guarantees for the installation of any improvements required by the board.
2. 
Payment of any outstanding real estate taxes.
3. 
Monmouth County Planning Board approval (if not previously granted).
4. 
Bayshore Regional Sewerage Authority approval or waiver of sewer requirements (if not previously granted).
5. 
Payment of the required reproduction fee.
6. 
Submission of additional prints of the plat map and attachments for distribution (if required).
7. 
Publication of a notice of the decision of the board by the applicant.
8. 
Any other conditions which may be imposed by the board or which may be required by federal, state or local law.
d. 
Certification. In the event that the application for development for a minor subdivision is approved, a certification to that effect in this form:
Classified and approved as a minor subdivision by the Borough of Union Beach Planning Board (Board of Adjustment) on _______________________.
Attest:
Chairman
Secretary
Date
This plat (or a deed describing this subdivision) must be filed in the office of the Clerk of Monmouth County on or before __________, which date is 190 days after approval as a minor subdivision by the Borough of Union Beach Planning (Board of Adjustment).
Secretary
shall be endorsed on the plat and the original reproducible thereof shall be provided to the board by the applicant. Said original shall be signed by the chairman and secretary of the board and the borough engineer (as to the map filing law certification) after they receive a certification from the administrative officer that the conditions of approval have been satisfied. After signature the plat shall be reproduced as provided for in subsection 13-6.4 of this chapter and the signed original shall be returned to the applicant for filing.
e. 
Filing of Approved Plat. If the applicant desires to proceed with a subdivision for which approval as a minor subdivision has been granted, he shall file with the county recording officer a deed or the approved minor subdivision plat, drawn in compliance with the Map Filing Law, (Chapter 141 of the Laws of 1960), as amended and supplemented, within 190 days from the date of approval by the board. The applicant shall, within one week after filing the subdivision, notify, in writing the borough engineer and borough tax assessor of the date of the filing of the subdivision with the county recording officer, and the case and sheet or page number for the filed plat or deed. A duplicate tracing of the filed map or copy of the deed, indicating thereon the filing date, shall be obtained from the county recording officer by the borough who shall distribute copies of the filed map to appropriate municipal officials. In the event the subdivider fails to so file within the period allowed, the approval of the plat shall expire.
a. 
Required Documents. Prior to issuance of a certificate of completeness of scheduling of a preliminary plat of a major subdivision for public hearing, the board secretary shall determine that the following has been submitted in proper form:
1. 
Borough engineer's report.
2. 
Copy of application for granting of a CAFRA Permit, where required and if submitted.
3. 
Application for State Wetlands Permit, where required.
4. 
Other submittals which may be required by the borough engineer, planning board, board of adjustment, or federal, state or local law.
5. 
The application for development for a preliminary plat of a major subdivision shall include a request for the granting of any variances required.
6. 
Required application fees.
7. 
Seven copies of a plat and attachments meeting the requirements set forth below.
b. 
Plat Requirements.
1. 
General Requirements: All plats containing proposals or designs for drainage, streets and subdivision layouts shall be prepared by a professional engineer licensed to practice in the State of New Jersey and shall bear the address, signature, embossed seal and license number of said professional engineer. The preliminary plat shall be based on a land survey conducted not more than five years prior to the date of application and certified to the subdivider and shall be drawn at a scale of not less than 100 feet to the inch for subdivisions up to 100 acres in size, and not less than 200 feet to the inch for subdivisions over 100 acres in size, and shall show or be accompanied by the information specified below.
2. 
Title Block: The title block shall appear on all sheets and include:
(a) 
"Preliminary Plat - Major Subdivision."
(b) 
Name of subdivision, if any.
(c) 
Tax map sheet, block, and lot number(s) of the tract to be subdivided as shown on the latest borough tax map, the date of which shall also be shown.
(d) 
Date (of original and all revisions).
(e) 
Names and addresses of owner and subdivider, so designated.
(f) 
Name, signature, address and license number of the engineer and/or land surveyor who prepared the map. (The plat shall bear the embossed seal of said engineer and land surveyor.)
3. 
A key map (at a scale of not less than one inch equals 1,000 feet) showing the location of the tract to be subdivided, with reference to surrounding areas, existing streets which intersect or border the tract, the names of all such streets and any zone boundary or borough boundary which is within 500 feet of the subdivision.
4. 
A schedule shall be placed on the map indicating the acreage of the tract, the number of lots, the zone, the minimum required lot areas, setbacks, yards and dimensions.
5. 
Zone boundaries, borough borders and the names of all owners, lot and block numbers and property lines of parcels within 200 feet of the land to be subdivided, including properties across the street, as shown by the most recent records of the borough, or of the municipality of which the property is a part. Property owners names within 200 feet shall be included on the plat plan and a listing will not be acceptable.
6. 
The preliminary plat shall be based on a current certified boundary survey as required above with sufficient lines of the adjoining tracts surveyed to establish any overlap or gap between the adjoining boundary lines and the boundary lines of the tract in question. The date of the survey and the name of the person making the same shall be shown on the map.
7. 
Contours:
(a) 
Existing one foot interval contours based on United States Coast and Geodetic Survey datum (MSL=0) shall be shown extending a minimum of 100 feet beyond the boundary of the tract in question and shall be certified by a New Jersey licensed surveyor or professional engineer as to accuracy, except that where the slopes exceed 5%, a two foot interval may be used, and if the slopes exceed 10%, a five foot interval is permissible. The source of elevation datum base shall be noted. If contours have been established by aerial photography, a check profile shall be made on the boundary line of the tract and certified by a New Jersey licensed land surveyor.
(b) 
90% of elevations interpolated from contour lines will be within one-half the contour interval when referred to the nearest bench mark. All spot elevations shall be to the nearest one-tenth foot and accurate to within three-tenths of a foot.
(c) 
90% of all planimetric features shown on the map will be within 1/40 inch of their true position and no planimetric features will be out of true position more than 1/20 inch at map scale when referenced to the nearest field-established station. A statement of compliance and/or a complete statement concerning any areas of noncompliance with this requirement shall be placed on the tentative plat.
8. 
All existing streets, public easements, watercourses, floodways and flood hazard areas within the proposed subdivision and within 200 feet of the boundaries thereof, including both the width of the paving and the width of the right-of-way of each street, within 200 feet of the subdivision.
9. 
All existing structures, an indication of those which are to be destroyed or removed, and the front, rear, and side yard dimension of those to remain.
10. 
The boundaries, nature, extent and acreage of wooded areas and other important physical features, including swamps, bogs and ponds within the proposed subdivision and within 200 feet.
11. 
The layout of the proposed subdivision drawn in compliance with the provisions of the chapter.
12. 
All proposed public easements or rights-of-way and the purposes thereof, and proposed streets within the proposed subdivision. The proposed streets shall show the right-of-way and proposed pavement width.
13. 
The existing system of drainage of the subdivision and of any larger tract of which it is a part, together with information on how it is proposed to dispose of surface drainage.
14. 
The acreage of the drainage area (or areas) of each natural or man-made watercourse traversing the subdivision, including the area within the subdivision and the area upstream from the subdivision.
15. 
All proposed lot lines and the areas of all lots in square feet. The areas and dimensions specified should be accurate to within minus 0% and plus 4% (for example, a lot line specified as 250 feet long should not be less than 250 feet but may be as long as 260 feet).
16. 
North arrow and basis therefor and written and graphic scales.
17. 
Preliminary utility layouts showing methods of connection and sources of service.
18. 
The proposed location and area, in acres or square feet, of all proposed common open space areas.
19. 
The types and locations of all stakes, marks or flagged points, if any, placed on the property to aid in on-site inspections. The planning board may require the marks or stakes, as a minimum, be placed at the intersection of all lines of the tract boundary with existing streets, at the center of all cul-de-sacs, at all internal street intersections, along street tangents at intervals not exceeding 500 feet, and at such additional locations as the planning board may deem necessary. The locations indicated on the plat shall be accurate within plus or minus 10 feet. Any traverse lines cut out and/or marked on the site shall be shown on the plat. If such on-site points, as above discussed, have not been established at the time of submission of a tentative plat, the planning board may give the subdivider 15 days' notice of the date of any proposed site inspection by the board, so the points can be set.
20. 
The tentative plat shall show, on the property to be subdivided and within 200 feet of that property all existing paper streets, dirt roads, paved streets, curbs, manholes, sewer lines, water and gas pipes, utility poles, ponds, swamps and all other topographical features of a physical or engineering nature.
21. 
Preliminary on-site grading and drainage plan:
(a) 
The preliminary plat shall show or be accompanied by a preliminary grading and drainage plan which shall show locations of all existing and proposed drainage scales and channels, retention-recharge basins, the scheme of surface drainage and other items pertinent to drainage including the approximate proposed grading contours at one foot intervals, except if slopes exceed 5%, a two foot interval may be used, and if they exceed 10%, a five-foot interval is permissible. Datum shall be United States Coast and Geodetic Survey datum (MSL=0) and the source of datum shall be noted.
(b) 
The plan shall outline the approximate area contributing to each inlet, catch basin or drain.
(c) 
All proposed drainage shall be shown with preliminary pipe type and sizes, invert elevations, grades and direction of flow. The direction of flow of all surface waters and all watercourses shall be shown.
(d) 
The preliminary grading and drainage plan shall be accompanied by drainage calculations made in accordance with standards set forth in this chapter.
22. 
Preliminary off-site drainage plan. The preliminary plat shall also be accompanied by a preliminary off-site drainage plan prepared in accordance with the following standards:
(a) 
The plan shall consist of an outline of the entire drainage basin in which the property to be subdivided is located. The terminus of the basin and existing ground contours or other basis for determining basin limits shall be shown.
(b) 
Pertinent off-site existing drainage, which receives or discharges runoff from or onto the site, shall be shown with elevations of inverts, pipe types and sizes or other appropriate physical data for open or nonpipe conduits.
(c) 
To the extent that information is available and may be obtained from the county or borough engineer, any existing plans for drainage improvements shall be shown.
(d) 
In the event a temporary drainage system is proposed, tentative plans of that system shall be shown.
23. 
Boring Logs: Unless the borough engineer shall determine that less boring logs are required or that some or all of the boring logs may be deferred to the final plat stage, the preliminary plat shall be accompanied by a set of boring logs and soil analyses for borings made in accordance with the following requirements:
(a) 
Borings shall be spaced evenly throughout the tract.
(b) 
One boring not less than 15 feet below the proposed grade or 20 feet minimum depth shall be made for every five acres, or portion thereof, of land within a tract where the water table is found to be 10 feet or more below the proposed or existing grade at all boring locations.
(c) 
One additional boring shall be made per acre, or portion thereof, in those areas where the water table is found to be less than 10 feet below the proposed or existing grade.
(d) 
In addition to the above, in those areas where the water table is found to be five feet or less below the existing or proposed grade, two additional borings per acre, or portion thereof, will be required. If construction of homes with basements is contemplated, at least one boring will be located on each lot within the building setback lines.
(e) 
Boring logs shall show soil types and characteristics encountered, groundwater depths, the methods and equipment used, the name of the firm, if any, making the borings and the name of the person in charge of the boring operation. The boring logs shall also show surface elevations to the nearest one-tenth (0.1) of a foot.
(f) 
Based on the borings, the preliminary plat shall clearly indicate all areas having a water table within two feet of the existing surface of the land, or within two feet of proposed grade, or all areas within which two feet or more of fill is contemplated or has previously been placed.
24. 
The location, dimensions, area and disposition of any park and recreation areas shall be shown and noted on the preliminary plat and shall be subject to the approval of the planning board.
25. 
Sectionalization and staging plans: The preliminary sectionalization and staging plan showing the following:
(a) 
If the subdivision is proposed to be filed for final approval in sections, the plan shall show each such section and the anticipated date of filing for each section. The staging of the various sections in the subdivision shall be such that if development of the subdivision were to be discontinued after the completion of any section, the developed portion of the subdivision would be provided with adequate street drainage and utility systems. The size and staging of the section in a subdivision shall be established to promote orderly development and shall be subject to the approval of the board.
(b) 
The sectionalization and staging plan shall identify for each lot or groups of lots in the subdivision those improvements that will be completed prior to application for certificates of occupancy. The plan should demonstrate that the staging of construction will minimize adverse affects upon occupied buildings in the subdivision and adjoining properties.
26. 
If the borough engineer, planning board or board of adjustment, determines that existing trees located on the site may have an effect on the proper layout of the subdivision, it may be required that the location, caliper and type be shown on the plat for the following:
(a) 
Living deciduous trees having a trunk of six inches diameter or more at breast height.
(b) 
All living coniferous trees having a trunk of six inches or more diameter at breast height.
(c) 
All living dogwood (Cornus florida) or American Holly (Ilex opaca) trees having a trunk of one inch or greater diameter at breast height.
(d) 
All native laurel (Kalmia latifolia) shrubs having a root crown of three inches or greater measured at the soil or surface level.
27. 
The location of proposed depressed pedestrian ramps and other facilities for the handicapped.
28. 
Such other information as the board and/or borough engineer may require or request during the review of the preliminary plat.
c. 
Conditions of Approval. Any approval of an application for development for a preliminary plat of a major subdivision by the planning board or board of adjustment shall be subject to the following conditions being satisfied prior to the signing of the plat:
1. 
Payment of required reproduction fee.
2. 
Submission of additional prints of the plat and attachments for distribution (if required).
3. 
Preliminary Monmouth County Planning Board approval (if not previously granted).
4. 
Preliminary Bayshore Regional Sewerage Authority approval (if not previously granted).
5. 
Publication of a notice of decision of the board by the applicant.
6. 
Any other conditions which may be imposed by the board or may be required by federal, state or local law.
The board may also condition its preliminary approval upon the applicant providing for certain revisions or additions on the final plat submission.
d. 
Certification. In the event that the application for development for a preliminary plat of a major subdivision is approved, a certificate to that effect in this form:
Approved as a preliminary plat of a major subdivision by the Borough of Union Beach Planning Board (Board of Adjustment) on ______________________.
Attest:
Chairman
Secretary
Date
shall be endorsed as the preliminary plat and the original reproducible thereof shall be provided to the board by the applicant. Said original shall be signed by the chairman and secretary of the board after they receive certification from the administrative officer that all conditions of approval have been satisfied. After signature, the preliminary plat shall be reproduced as provided for in subsection 13-6.4 of this chapter and the signed original shall be returned to the applicant.
e. 
Applicant's Rights Upon Approval. Approval of a preliminary plat shall confer upon the applicant the rights set forth in N.J.S.A. 40:55D-49 and subsection 13-3.1j.5 of this chapter.
f. 
Improvements not to be Installed. Approval of a preliminary plat shall not confer upon the developer the right to undertake any clearing, grading and/or to install any improvements prior to final plat approval unless it shall be determined by the planning board or board of adjustment and the borough engineer that (1) such clearing, grading and/or installation of improvements would not hinder future development or create physical or aesthetic problems in the event that further development of the subdivision is not undertaken and (2) that required inspection fees have been paid and adequate performance guarantees have been posted to provide for the cost to the borough of performing work that may be necessary to protect adjacent property owners and the public interest in the event that such clearing, grading and/ or installation of improvement is not completed and/or further development of the subdivision is not undertaken. Such performance guarantees shall include, but are not limited to, the cost to the borough of providing erosion control facilities, seeding or otherwise stabilizing the site, drainage facilities necessary to protect off-tract acres from flooding, screening or fencing that may be required and all improvements to be undertaken that may be required and all improvements to be undertaken which are within existing public rights-of-way of easements.
a. 
Required Documents. Prior to issuance of a certificate of completeness or scheduling of a preliminary plat of a site plan for public hearing, the board secretary shall determine that the following has been submitted in proper form:
1. 
Borough engineer's report.
2. 
Copy of application for granting of a CAFRA Permit, where required and if submitted.
3. 
Application for municipal and/or State Wetlands Permit, where required.
4. 
Other submittals that may be required by the borough engineer, planning board, board of adjustment, or federal, state or local law.
5. 
The application for development for a preliminary plat of a major site plan shall include a request for the granting of any variances required.
6. 
Required application fees.
7. 
Seven copies of a plat and attachments meeting the requirements set forth below.
b. 
Plat Requirements.
1. 
General Requirements:
(a) 
Any preliminary plat of a site plan presented to the planning board or board of adjustment for its approval shall be signed and appropriately sealed by an architect, professional engineer, land surveyor and/or professional planner licensed to practice in the State of New Jersey; provided, however, that sanitary sewer, water distribution and storm drainage plans and water and sewage treatment plans may only be signed and sealed by a professional engineer.
(b) 
Site plans shall not be drawn at a scale smaller than one inch equals 50 feet nor larger than one inch equals 10 feet. If the size of the site would require the use of sheets larger than 30 inches by 42 inches in order to show the entire site on one sheet, the detailed information for the site plan shall be shown in sections on sheets not larger than 30 inches by 42 inches, which sheets shall be keyed to an overall plan of the site drawn at a scale of not less than one inch equals 200 feet.
The site plan shall be based on a monumented, current certified boundary survey. The date of the survey and the name of the person making same shall be shown on the map. If 12 months or more has passed since the date of (or date of last recertification of) the survey, it shall be recertified and if necessary, brought up to date.
2. 
Title Block: The title block shall appear on all sheets and include:
(a) 
Title of "Preliminary Plat - Site Plan."
(b) 
Name of the development, if any.
(c) 
Tax map sheet, block and lot number of the site, as shown on the latest borough tax map, the date of which should also be shown.
(d) 
Date (of original and all revisions).
(e) 
Names and addresses of owner and developer, so designated.
(f) 
Names(s), signature(s), addresses(es), and license number(s) of engineer, architect, land surveyor or planner who prepared the plan and their embossed seal.
(g) 
If the site plan contains more than one sheet, each sheet shall be numbered and titled.
3. 
A schedule shall be placed on the site plan indicating:
(a) 
The acreage of the tract and site (the portion of the tract involved in the site plan).
(b) 
The floor area of the existing and proposed buildings (listed separately).
(c) 
The proposed use or uses and the floor area devoted to each use.
(d) 
The zone in which the site is located.
(e) 
Proposed and required lot dimensions and front, rear and side setbacks.
(f) 
Proposed and required off-street parking spaces.
(g) 
Square footage and percentage of the site retained in unoccupied open space and occupied by buildings.
4. 
North arrow and written and graphic scales.
5. 
The tops of the banks and boundaries of the floodways and flood hazard areas of all existing watercourse, where such have been delineated or the limits of alluvial soils where the boundaries of floodways and flood hazard areas have not been determined, and/or such other information as may assist the board in the determination of floodway and flood hazard area limits.
6. 
Paving and right-of-way widths of existing streets within 200 feet of the site.
7. 
The boundary, nature and extent of wooded areas, swamps, bogs and ponds within the site and within 200 feet thereof.
8. 
Existing and proposed manholes, sewer lines, fire hydrants, water lines, utility poles and all other topographical features of a physical or engineering nature within the site and within 200 feet thereof.
9. 
All existing structures on the site and within 200 feet thereof, including their use, indicating those to be destroyed or removed and those to remain.
10. 
Location, use, finished grade level, ground coverage, first floor and basement elevations, front, rear and side setbacks of all existing buildings and other pertinent improvements.
11. 
Existing and proposed public easements or rights-of-way and the purposes thereof.
12. 
A grading plan showing existing and proposed grading contours at one foot intervals throughout the tract, except if slopes exceed 5%, a two-foot interval may be used, and if they exceed 10%, a five-foot interval is permissible. Datum shall be United States Coast and Geodetic Survey datum (MSL=0) and source of datum shall be noted. In addition to proposed grading contours, sufficient additional spot elevations shall be shown to clearly delineate proposed grading.
13. 
On-site drainage plan:
(a) 
The drainage plan shall be presented in graphic form which shall clearly show the street and lot layout and those items which are pertinent to drainage including existing and proposed contours as previously required.
(b) 
The plan shall outline each area contributing to each inlet.
(c) 
All proposed drainage shall be shown with pipe type and sizes, invert and grate or rim elevations, grades and direction of flow. The direction of flow of all surface waters and of all streams shall be shown.
(d) 
The drainage plan shall be accompanied by complete drainage calculations made in accordance with the standards set forth in this chapter.
14. 
Off-site drainage plan: The plat shall also be accompanied by an off-site drainage plan prepared in accordance with the following standards:
(a) 
The plan shall consist of an outline of the entire drainage basin in which the site is located. The terminus of the basin and existing ground contours or other basis for determining basin limits shall be shown.
(b) 
The pertinent off-site existing drainage shall be shown with elevations of inverts and grates to the nearest one-tenth of a foot.
(c) 
To the extent that information is available and may be obtained from the county or municipal engineer, any existing plans for drainage improvements shall be shown.
(d) 
In the event a temporary drainage system is proposed, full plans of that system shall be shown.
(e) 
The off-site drainage plans shall be accomplished by profiles of all proposed drainage, showing existing details, pipe sizes, type, inverts, crowns and slopes; all proposed structures and connections and design hydraulic grade lines for all conduits designed to carry 40 or more cubic feet per second. Cross-sections at intervals not exceeding 100 feet shall be shown for all open channels.
15. 
If required by the borough engineer, centerline profiles of streets bordering the site, internal roadways and major circulation aisles showing:
(a) 
Existing and proposed final grades and slopes.
(b) 
Pipe sizes, slope, type, inverts and grate or rim elevation of drainage and sanitary sewage facilities.
16. 
Boring Logs: Unless the borough engineer shall determine that less boring logs are required or that some or all of the boring lots may be deferred to the final plat stage, the site plan shall be accompanied by a set of boring logs and soil analyses for borings made in accordance with the following requirements:
(a) 
Borings shall be spaced evenly throughout the site.
(b) 
One boring not less than 15 feet below grade or 20 feet minimum depth shall be made for every five acres (or portion thereof) of land where the water table is found to be 10 feet or more below proposed or existing grade at all boring locations.
(c) 
One additional boring shall be made per acre (or portion thereof) in those areas where the water table is found to be less than 10 feet below proposed or existing grade.
(d) 
In addition to the above, in those areas where the water table is found to be five feet or less below existing or proposed grade, two additional borings per acre (or portion thereof) will be required if construction of basements is contemplated. Borings shall be located where such basements are proposed.
(e) 
Boring logs shall show soil types and characteristics encountered, ground water depths, the methods and equipment used, the name of the firm, if any, making the borings and the name of the person in charge of the boring operation. The boring logs shall also show surface elevations to the nearest one-tenth of a foot.
(f) 
Based on the borings, the site plan shall clearly indicate all areas having a water table within two feet of the existing surface of the land, or within two feet of proposed grade; or all areas within which two feet or more of fill is contemplated or has previously been placed.
17. 
Zone boundaries and the tax map sheet, lot and block numbers and names of owners of all properties within 200 feet of the site.
18. 
A key map, (at a scale of not less than one inch equals 1,000 feet), showing the location of the site with reference to surrounding areas, existing streets, the names of all such streets and any zone boundary or borough boundary which is within 500 feet of the subdivision.
19. 
The location, area, dimensions and proposed disposition of any area or areas of the site proposed to be retained as common open space, indicating the facilities to be provided in such areas.
20. 
The capacity of off-street parking areas and the location and dimensions of all access drives, aisles and parking stalls. The location and treatment of existing and proposed entrances and exits to public rights-of-way, including the possible utilization of traffic signals, channelization, acceleration and deceleration lanes, additional width and any other device necessary for traffic safety and/or convenience, and the estimated average number of passenger vehicles, single unit trucks or buses, and semitrailers that will enter the site each day.
21. 
Graphic depiction of the anticipated routes and details of the system of on-site vehicular and pedestrian circulation. If the developer desires to have the appropriate provisions of Title 39 of the Revised Statutes governing motor vehicle operation, made applicable to the site, thereby allowing municipal police regulation of traffic control devices, he shall submit a formal request and a detailed plan meeting the requirements of the New Jersey Department of Transportation. The borough engineer will advise the developer regarding the details of such a plan.
22. 
The location and size of proposed loading docks.
23. 
Location of curbs and sidewalks.
24. 
Cross-sections showing the composition of pavement areas, curbs and sidewalks.
25. 
Exterior lighting plan, including the location, direction of illumination, amount of illumination expressed in horizontal foot candles, wattage and drawn details of all outdoor lighting standards and fixtures.
26. 
Landscaping and screening plan showing the location, type, spacing and number of each type of tree or shrub and the location, type and amount of each type of ground cover to be utilized.
27. 
Location of signs and drawn details showing the size, nature of construction, height and content of all signs.
28. 
Drawn details of the type of screening to be utilized for refuse storage areas, outdoor equipment and bulk storage areas.
29. 
Floor plans and building elevation drawings of any proposed structure or structures, or existing structures to be renovated.
30. 
Location of handicapped facilities including parking spaces and ramps (where applicable).
31. 
If the borough engineer or planning board determines that existing trees located on the site may have an effect on the proper layout of the site, it may be required that the location, caliper and type be shown on the plat for the following:
(a) 
Living deciduous trees having a trunk of six inches diameter or more at breast height.
(b) 
All living coniferous trees having a trunk of six inches or more diameter at breast height.
(c) 
All living dogwood (Cornus florida) or American holly (Ilex opaca) trees having a trunk of one inch or greater diameter at breast height.
(d) 
All native laurel (Kalmia latifolia) shrubs having a root crown of three inches or greater measured at the soil or surface level.
32. 
Sectionalization and staging plan: Developers of large uses such as shopping centers, multi-family dwellings, industrial parks or other such uses proposed to be developed in stages shall submit a sectionalization and staging plan showing the following:
(a) 
The anticipated date for commencing construction of each section or stage. The staging of development on the site shall be such that if development of the site were discontinued after the completion of any stage, the developed portion of the site would comply in all respects to the requirements of this chapter and be provided with adequate drainage and utility systems.
(b) 
Those improvements that will be completed in each stage prior to application for certificate of occupancy. The plan should demonstrate that the staging of construction will minimize adverse affects upon occupied buildings in the site and adjoining properties.
33. 
Written description of the proposed operations in sufficient detail to indicate the effects of the use in producing traffic congestion, noise, glare, air pollution, fire hazards or safety hazards. The written description shall also include the hours of operation of the use, the number of shifts to be worked, the number of employees in each shift, the number of vehicles to be stored or parked on the site, and provisions to be made for site maintenance.
34. 
Such other information as the planning board and/or borough engineer may request during site plan review.
c. 
Conditions of Approval. Any approval of an application for development for a preliminary plat of a major site plan by the planning board or board of adjustment shall be subject to the following conditions being satisfied prior to the signing of the plat:
1. 
Payment of required reproduction fee.
2. 
Submission of additional prints of the plat and attachments for distribution (if required).
3. 
Preliminary Monmouth County Planning Board approval (if not previously granted).
4. 
Preliminary Bayshore Regional Sewerage Authority approval (if not previously granted).
5. 
Publication of a notice of the decision of the board by the applicant.
6. 
Any other conditions which may be imposed by the board or may be required by federal, state or local law.
The board may also condition its preliminary approval upon the applicant providing for certain revisions or additions on the final plat submission.
d. 
Certification. In the event that the application for development for a preliminary plat of a site plan is approved, a certification to that effect in this form:
Approved as a preliminary plat of a site plan by the Borough of Union Beach Planning Board (Board of Adjustment) on __________.
Attest:
Chairman
Secretary
Date
shall be endorsed on the preliminary plat and the original reproducible thereof shall be provided to the board by the applicant. Said original shall be signed by the chairman and secretary of the board after they receive certification from the administrative officer that all conditions of approval have been satisfied. After signature the preliminary plat shall be reproduced as provided for in subsection 13-6.4 of this chapter and the signed original shall be returned to the applicant.
e. 
Applicant's Rights Upon Approval. Approval of a preliminary plat shall confer upon the applicant all the rights set forth in N.J.S.A. 40: 55D-49 and subsection 13-3.lj5 of this chapter.
f. 
Improvements Not to be Installed. Approval of a preliminary plat shall not confer upon the developer the right to undertake any clearing, grading and/or to install any improvements prior to final plat approval unless it shall be determined by the planning board or board of adjustment and the borough engineer that (1) said clearing, grading and/or installation of improvements would not hinder future development or create physical or aesthetic problems in the event that further development of the site plan is not undertaken and (2) that required inspection fees have been paid, and adequate performance guarantees have been posted to provide for the cost to the borough of performing work that may be necessary to protect adjacent property owners and the public interest in the event that such clearing, grading and/or installation of improvements is not completed and/or further development of the site is not undertaken. Such performance guarantees shall include, but are not limited to, the cost to the borough of providing erosion control facilities, seeding or otherwise stabilizing the site, drainage facilities necessary to protect off-tract areas from flooding, screening or fencing that may be required and all improvements to be undertaken which are within existing public rights-of-way or easements.
g. 
Waiver of Site Plan Approval Procedure. The planning board may waive the requirement for the submission of a site plan for its review and approval if the application involves an addition to or an alteration of an existing structure, a change in use of any existing structure or improvement to a business costing less than $5,000. The planning board shall grant such a waiver if it finds, on the basis of documentation and evidence presented that the existing conditions on the premises involved are satisfactory for the proposed use. Application for a waiver of site plan approval shall be submitted in writing to the administrative officer with a fee of $20 payable to the Borough of Union Beach. The planning board shall hold a public hearing on the application as in the case of an application for site plan approval. The planning board shall act on the application for a waiver at its meeting during which it holds the public hearing or within such additional time as may be agreeable to the applicant. Any waiver of site plan approval shall be valid for the same period of time as an approval of a final site plan would have been valid.
a. 
Required Documents. Prior to issuance of a certificate of completeness or scheduling of a final plat of a major subdivision for public hearing, the board secretary shall determine that the following has been submitted in proper form:
1. 
Borough engineer's report.
2. 
Application for land disturbance permit.
3. 
Application for fire department approval.
4. 
Application for municipal and/or state wetlands approval, where required.
5. 
Application for stream encroachment permit, where required.
6. 
Where applicable, a copy of the permit issued, or if the permit has not been issued, the application filed with the New Jersey Department of Environmental Protection, under the Coastal Area Facility Review Act, and copies of the environmental impact statement and any attachments thereto filed in accordance with the provisions of the Act, or, in the alternate, a statement issued by the Department of Environmental Protection that the proposed development is exempt from the Act.
7. 
A certificate of title, which may be on the plat (signed by the owner and notarized) or in letter form, signed by a member of the New Jersey Bar or by a title officer or authorized agent of a title insurance company licensed to do business in the State of New Jersey, which certificate shall confirm that the owner of the premises in question is the owner as shown on the plat.
8. 
Other submittals that may be required by the borough engineer, planning board, board of adjustment, or federal, state or local law.
9. 
Unless waived by the board, a formal request, in appropriate statutory form, requesting that the applicable provisions of Title 39 of the Revised Statutes be made applicable to the site in order to permit police regulation of traffic control devices prior to acceptance of streets.
10. 
Required application fees.
11. 
Seven copies of the plat and attachments meeting the requirements set forth below.
b. 
Plat Requirements.
1. 
General Requirements: A final plat may, for all or any portion of an approved preliminary plat, be submitted to the planning board within three years of the date of approval of the preliminary plat. In general, all requirements set forth in this chapter for tentative plats shall apply to final plats with the addition of the specific additional requirements set forth herein.
(a) 
A final plat shall be drawn at a scale of not less than 100 feet to the inch, shall conform to the provisions of Chapter 141 of the Laws of 1960 of the State of New Jersey, as amended and supplemented, specified herein.
(b) 
All dimensions, both linear and angular, of the exterior boundaries of the subdivision and all lots and all lands reserved or dedicated for public use shall balance and their description shall close within a limit of error of not more than one part in 10,000.
(c) 
Unless specifically waived by the borough engineer, the bearing system used on the exterior boundaries of the final plat shall conform to the New Jersey State Plan Coordinate System or the plat shall show bearings based on said system in addition to any other bearings shown. When multiple bearing systems are shown, the bearings conforming to the New Jersey State Plan Coordinate System shall be enclosed in brackets.
(d) 
Unless specifically waived by the borough engineer, coordinates, based on the New Jersey State Plan Coordinate System (x and y) shall be shown, individually or in tabular form, for the monumented (existing or proposed) corners of the exterior boundary of the tract.
(e) 
The source of New Jersey State Plan Coordinate System information shown as required above shall be noted on the final plat.
2. 
Purpose of Final Plat: A final plat and supporting drawings and documents for a proposed subdivision constitute the complete and fully detailed and documented development of the subdivision proposal and becomes the basis for the construction of the subdivision and inspection by the borough engineer, other officials and planning board or board of adjustment. The portion of the plat intended for filing must be recorded at the county clerk's office to have legal status.
3. 
Title Block: The title block shall appear on all sheets and include:
(a) 
Title of "Final Plat - Major Subdivision."
(b) 
Development name, if any.
(c) 
Tax map sheet, block and lot number(s) of the tract to be subdivided as shown on the latest borough tax map, the date of which shall also be shown.
(d) 
Date (of original and all revisions).
(e) 
Names and addresses of owner and subdivider, so designated.
(f) 
The name(s), signature(s), address(es) and license number(s) of the engineer and land surveyor who prepared the map. (The plat shall bear the embossed seal of said engineer and land surveyor).
4. 
The final plat shall be based on a monumented, current, certified boundary survey. The date of the survey and the name of the person making the same shall be shown on the map. If 12 months or more have passed since the date of or date of last recertification of the survey, it shall be recertified and, if necessary, brought up to date. Any necessary revisions from the survey used as a base for the tentative plat shall be specifically noted.
5. 
A schedule shall be placed on the map indicating the acreage of the tract, the number of lots, the zone, the minimum required lot areas, setbacks, yards and dimensions.
6. 
All design information submissions required by the provisions of the improvements and design standards portions of this Ordinance shall accompany the final plat.
7. 
A grading plan showing existing and proposed grading contours at one foot intervals throughout the tract, except if slopes exceed 5%, a two-foot interval may be used, and if they exceed 10%, a five-foot interval is permissible. Datum shall be United States Coast and Geodetic Survey datum (MSL=0) and source of datum shall be noted. In addition to proposed grading contours, sufficient additional spot elevations shall be shown to clearly delineate proposed grading, including corner elevations of buildings and first floor and basement elevations.
8. 
The limits of all areas of proposed cuts and fills (exclusive of excavations for basements) shall be clearly designated.
9. 
On-site Drainage Plan:
(a) 
The drainage plan shall be presented in graphic form which shall clearly show the street and lot layout and those items which are pertinent to drainage including existing and proposed contours as previously required.
(b) 
The plan shall outline each area contributing to each inlet.
(c) 
All proposed drainage shall be shown with pipe type and sizes, invert and grate or rim elevations, grades and direction of flow. The direction of flow of all surface waters and of all streams shall be shown.
(d) 
The drainage plan shall be accompanied by complete drainage calculations made in accordance with standards set forth herein.
10. 
Off-site Drainage Plan: The final plat shall also be accompanied by an off-site drainage plan prepared in accordance with the following standards:
(a) 
The plan shall consist of an outline of the entire drainage basin in which the property to be subdivided is located. The terminus of the basin and existing ground contours or other basis for determining basin limits shall be shown.
(b) 
The pertinent off-site existing drainage shall be shown with elevations of inverts and grade to the nearest one-tenth of a foot.
(c) 
To the extent that information is available and may be obtained from the county municipal engineer, any existing plans for drainage improvements shall be shown.
(d) 
In the event a temporary drainage system is proposed, full plans of that system shall be shown.
(e) 
The off-site drainage plans shall be accompanied by profiles of all proposed drainage, showing existing and proposed finished grades, channel section details, pipe sizes, type, inverts, crowns and slopes; all proposed structures and connections and design hydraulic grade lines for all conduits designed to carry 40 or more cubic feet per second. Cross-sections at intervals not exceeding 100 feet shall be shown for all open channels.
11. 
Centerline profiles of all proposed streets showing:
(a) 
Existing and proposed finished grades and slopes.
(b) 
Pipe sizes, slope, type, inverts and grate or rim elevations of drainage and sanitary sewage facilities.
12. 
Where required by the borough engineer, cross-sections of proposed streets to at least 10 feet outside of any grading limit at intervals of at least every 100 feet, of all proposed streets.
13. 
Where required by the planning board or board of adjustment, the location, caliper and type of all:
(a) 
Living deciduous trees having a trunk of six inches diameter at breast height or more.
(b) 
All living coniferous trees having a trunk of six inches or more diameter at breast height.
(c) 
All living dogwood (Cornus florida) or American holly (Ilex opaca) trees having a trunk of one inch or greater diameter at breast height.
(d) 
All native laurel (Kalmia latifolia) shrubs having a root crown of three inches or greater measured at the soil or surface level.
14. 
The number, locating and species of all proposed shade trees or other plantings.
15. 
Utility layouts, specifications and cross-sections (sewers, water, gas, electric, telephone, etc.), showing feasible connections to any existing or proposed utility systems; provided, however, that detailed layouts of gas, electric and telephone lines are not required. An indication of these on a typical road cross-section shall be sufficient. Layouts shall include proposed locations of street lights and fire hydrants. If private utilities are proposed, they shall comply with all local, county and state regulations.
16. 
The tops of the banks and boundaries of the floodways and flood hazard areas of all existing watercourses, where such have been delineated or the limits of alluvial soils where boundaries of floodways and flood hazard areas have not been determined, and/or such other information as may assist the board in the determination of floodway and flood hazard area limits.
17. 
Tract boundary lines, right-of-way lines of streets, easements and other rights-of-way; land to be reserved or dedicated to public use, all lot lines and site easement lines, with accurate dimensions and bearings and radii, tangents, chords, arcs and central angles of all curves and all front, rear and side (or yard) setback lines.
18. 
All monuments in accordance with Chapter 141 of the Laws of 1960 of the State of New Jersey, including all monuments found, monuments set, and monuments to be set, and an indication of monumentation found and reset.
19. 
Certificate of engineer or land surveyor as to accuracy of the details of the plat.
20. 
Lot and block numbers shown on the final plat shall conform to the borough tax map (or proposed revisions thereof) and shall be obtained by the applicant's engineer from the borough engineer. Proposed house numbers shall also be obtained from the borough engineer and shall be shown encircled on the final plat, or on one of the attachments thereto. The borough engineer shall not affix his signature to the final plat unless the applicant has fully complied in this regard.
21. 
Subdivision names and street names shown on the final plat shall not be the same or similar to any name of any existing subdivision or street in the borough, and shall be approved by the borough engineer.
22. 
The location of areas dedicated for park and recreation facilities or common open space as approved by the board.
23. 
Unless waived by the board, a detailed plan setting forth the type and location of all traffic control and regulatory devices. This plan shall have been approved by, or in the opinion of the borough engineer be likely to be approved by the New Jersey Department of Transportation. This plan shall be prepared in consultation with the borough engineer and the borough police department and shall provide for all appropriate traffic control measures necessary for the health, safety, convenience and well being of those occupying, or likely to occupy, the subdivision between final approval and final acceptance. This plan shall be accompanied by the formal request referred to in subsection 13-6.8a.
24. 
Such other information as the board and/or borough engineer may request during review.
25. 
Sectionalization of final plats shall be in conformance with the sectionalization and staging plan, if any, approved with the preliminary plat.
c. 
Conditions of Approval. Any approval of an application for development of a final plat of a major subdivision shall be subject to the following conditions being satisfied within a period of time specified by the planning board or board of adjustment, prior to the signing of the plat or issuance of a development permit.
1. 
Payment of any outstanding real estate taxes.
2. 
Submission of additional prints of the plat map and attachments for distribution, if required.
3. 
Publication of a notice of the decision of the board by the applicant.
4. 
Final Monmouth County Planning Board approval (if not previously obtained).
5. 
Final Bayshore Regional Sewerage Authority approval (if not previously obtained).
6. 
Payment of required reproduction fees.
7. 
Issuance of a Freehold Soil Conservation District Permit.
8. 
Granting of state of municipal wetlands permit (if required).
9. 
Certification of approval of plans for drainage or watercourse diversions by the State of New Jersey, Department of Environmental Protection, where required.
10. 
Granting of a Coastal Area Facilities Review Act (CAFRA) Permit (where required).
11. 
Approval of any required riparian grants or licenses.
12. 
Granting of any required construction permits.
13. 
Posting of required performance guarantees.
14. 
Payment of required inspection fees.
15. 
Evidence of a comprehensive general liability insurance policy in an amount not less than $300,000 per occurrence identifying and saving harmless the borough and its agencies, employees and agents from any liability for any acts of the subdivider or his agents, contractors or employees in the implementing of the approved subdivision. The insurance policy shall provide for 10 days' notice to the borough prior to cancellation. It shall be a violation of this chapter for any property owner, subdivider or building to carry on the construction of a subdivision without having current valid evidence of insurance on file.
16. 
Any other conditions which may be imposed by the board or may be required by federal, state or local law.
d. 
Certification. In the event that the application for development for a final plat of a major subdivision is approved, a certification to that effect in this form:
Approved as a final plat of a major subdivision by the Borough of Union Beach Planning Board (Board of Adjustment) on ________________________.
Attest:
Chairman
Secretary
Date
This plat must be filed in the office of the Clerk of Monmouth County on or before ________________________, which date is 95 days after the date upon which this plat was signed.
Secretary
shall be endorsed on the plat and the original reproducible thereof shall be provided to the board by the applicant. Said original shall be signed by the chairman and secretary of the board and the borough engineer (as to the map filing law certification) after they receive a certification from the administrative officer that all conditions of approval have been satisfied. After signature, plat shall be reproduced as provided for in subsection 13-6.4 of this chapter and the signed original shall be returned to the applicant for filing.
e. 
Filing of Approved Plat. If the applicant desires to proceed with a subdivision for which final approval has been granted, he shall file with the county recording officer a plat map drawn in compliance with Chapter 141 of the Laws of 1960, as amended and supplemented, within 95 days from the date upon which the plat was signed by the planning board chairman and secretary. The applicant shall, within one week after filing the subdivision with the county recording officer, notify, in writing, the borough engineer and borough tax assessor of the date of filing of the subdivision with the county recording officer and the case and sheet or page number for the filed map. A duplicate tracing of the filed map indicating thereon the filing date shall be obtained from the county recording officer by the borough who shall distribute copies of the filed map to appropriate municipal officials. In the event the subdivider fails to so file within the period allowed, the approval of the plat shall expire unless, prior to expiration, such time is extended by the board for a period not to exceed 95 days for good cause shown.
f. 
Applicant's Rights Upon Approval. Approval of final plat shall confer upon the applicant all the rights set forth in N.J.S.A. 40:55D-52 and subsection 13-3.1j.7 of this chapter.
g. 
Display of Final Plat. The subdivider or his agent shall keep a clear and legible copy of the approved final plat in plain view in a prominent location in his offices and/or sales-rooms from which sales in the approved subdivision are made so that prospective purchases may have the opportunity to learn the special conditions, if any, under which approval was given.
a. 
Required Documents. Prior to issuance of a certificate of completeness or scheduling of a final plat of a site plan for public hearing, the board secretary shall determine that the following has been submitted in proper form:
1. 
Borough engineer's report.
2. 
Application for a Freehold Soil Conservation District Permit.
3. 
Application for municipal and/or state wetlands approval, where required.
4. 
Application for a Stream Encroachment Permit, where required.
5. 
Where applicable, a copy of the permit issued, or if the permit has not been issued, the application filed with the New Jersey Department of Environmental Protection, under the Coastal Area Facility Review Act, and copies of the environmental impact statement and any attachments thereto filed in accordance with the provisions of the Act, or, in the alternate, a statement issued by the Department of Environmental Protection that the proposed development is exempt from the Act.
6. 
Other submittals that may be required by the borough engineer, planning board, board of adjustment or federal, state or local law.
7. 
Required application fees.
8. 
Seven copies of a plat and attachments meeting the requirements set forth below.
b. 
Plat Requirements. The final plat shall include all data required for the preliminary plat of the site plan, and shall be drawn to incorporate all changes required as a condition of preliminary approval and shall be drawn by persons and to specifications as required for a preliminary plat and shall be titled "Final Plat - Site Plan."
c. 
Conditions of Approval. Any approval of an application for development of a final plat of a major site plan shall be subject to the following conditions being satisfied, within a period of time specified by the planning board or board of adjustment, prior to signing of the plat or issuance of a development permit:
1. 
Payment of any outstanding real estate taxes.
2. 
Submission of additional permits of the plat map and attachments for distribution, if required.
3. 
Publication of a notice of the decision of the board by the applicant.
4. 
Final Monmouth County Planning Board approval (if not previously obtained).
5. 
Final Bayshore Regional Sewerage Authority approval (if not previously obtained).
6. 
Payment of required reproduction fees.
7. 
Issuance of Freehold Soil Conservation District Permit (if not previously obtained.)
8. 
Granting of state wetlands permit (if required).
9. 
Certification of approval of plans for drainage or watercourse diversions by the State of New Jersey, Department of Environmental Protection, where required.
10. 
Granting of a Coastal Area Facilities Review Act (CAFRA) Permit, where required.
11. 
Approval of any required riparian grants or licenses.
12. 
Granting of any required construction permits.
13. 
Posting of required performance guarantees.
14. 
Payment of required inspection fees.
15. 
Evidence of a comprehensive general liability insurance policy in an amount not less than $300,000 per occurrence identifying and saving harmless the borough and its agencies, employees and agents from any liability for any acts of the developer or his agents, contractors or employees in the implementing of the approved site plan. The insurance policy shall provide for 10 days notice to the borough prior to cancellation.
It shall be a violation of this chapter for any property owner, developer or builder to carry on the construction of the site without having a current valid evidence of insurance on file.
16. 
Any other conditions which may be imposed by the board or may be required by federal, state or local law.
d. 
Certification. In the event that the application for development for a final plat of a major site plan is approved, a certification to that effect in this form:
Approved as a final plat of a major site plan by the Borough of Union Beach Planning Board (Board of Adjustment) on _______________________.
Attest:
Chairman
Secretary
Date
shall be endorsed on the plat and the original reproducible thereof shall be provided to the board by the applicant. Said original shall be signed by the chairman and secretary of the board after they receive a certification from the administrative officer that all conditions of approval have been satisfied. After signature, the plat shall be reproduced as provided for in subsection 13-6.4 of this chapter and the original shall be returned to the applicant.
e. 
Applicant's Rights Upon Approval. Approval of a final plat shall confer upon the applicant all the rights set forth in N.J.S.A. 40:55D-52 and subsection 13-3.lj of this chapter.
a. 
Required Documents. In cases where a proposed exempt development requires board of adjustment action on an application for development for either (1) the granting of a variance pursuant to N.J.S.A. 40:55D-70 or (2) direction for issuance of a building permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36, prior to issuance of a certificate of completeness or scheduling of the application for development for public hearing before the board of adjustment, the board secretary shall determine that the following has been submitted in proper form:
1. 
Required application fees.
2. 
Seven copies of a plat plan and/or other documents which clearly describe the basis for the variance being requested or the basis for direction for issuance of a building permit being requested. If this plot plan is prepared by other than a licensed surveyor or architect, the applicant must furnish the board with an affidavit stating that all the information shown thereon is correct. The plat plan shall show:
(a) 
Block and lot numbers.
(b) 
Dimensions of present and proposed structures.
(c) 
Dimensions of the lot.
(d) 
Location of all structures and distances between the various structures and property lines.
3. 
Seven copies of an area map showing the tax lot and block numbers of all properties located within 200 feet of the property for which the application is being made.
4. 
Any other documents which the board of adjustment may request.
b. 
Conditions of Approval. Any approval of an application for development by the board of adjustment or issuance of a development permit under this section shall be subject to the following:
1. 
The applicant obtaining a building permit, or certificate of occupancy where a building permit is not required, within a period of time specified by the board of adjustment. The approval shall expire and the development permit shall become invalid if the required permit is not obtained within the specified period.
2. 
Any other conditions which the board of adjustment may impose.
All references to the board of adjustment in the Land Use and Development Regulations of the Borough of Union Beach shall be deemed to be references to the planning board.
[Ord. #324; Ord. #493; Ord. #658]
a. 
Prior to the signing of a final plat, issuance of a development permit, and/or the commencing of any clearing, grading or installation of improvements, the developer shall have filed with the borough a performance guarantee sufficient in amount to equal the total cost of the borough, as estimated by the borough engineer, of constructing those on-site, off-site and off-tract improvements necessary to protect adjacent property and the public interest in the event development of the subdivision or site were not completed. Such improvements shall include, but are not limited to, drainage facilities necessary to protect off-tract areas from flooding, erosion control facilities, required screening and fencing, all improvements within public rights-of-way and easements and the cost of seeding or otherwise stabilizing the site or subdivision. Such guarantee shall assure the installation of such improvements on or before an agreed date, guarantee the completion of all improvements without damage to or interference with adjacent properties or public facilities, and hold the borough council and the planning board and their employees and agents harmless with respect to any acts of the developer, its agents, successors or assigns. The total estimated cost to the borough of constructing all improvements shall be based upon the estimated contract construction costs which would prevail upon expiration of the guarantee period, and shall also include appropriate allowances for contract related costs such as engineering, legal, financial and other usual costs, which shall be estimated to be 20% of the estimated contract construction costs. Such performance guarantee may be in the form of cash, certified check, negotiable securities, a performance bond issued by a bonding company or surety company approved by the borough council, or any other type of surety acceptable to and approved by the borough attorney and borough council, provided that at least 10% of the performance guarantee shall be in the form of cash, certified check, or savings passbook or certificate of deposit drawn on an insured banking institution in the State of New Jersey; provided, however, that all rights, including the right to interest with dividends, be assigned to the borough in a form of assignment acceptable to the borough attorney for the period of the bond and that the principal amount of the passbook or certificate of deposit, together with interest, be returned to the developer upon completion of the bonded improvements, or in the event of default, both interest and principal shall be used by and for the benefit of the borough in the completion of said improvements.
b. 
If at the time the performance guarantee is filed with the borough, the developer has not also filed with the borough proof that any other necessary performance guarantees have been filed and accepted by governmental bodies, authorities, public utility companies, and private utility companies other than the borough, which have jurisdiction over improvements in the site or subdivision, the amount of the performance guarantee shall be increased to reflect the cost of such improvements.
c. 
All performance guarantees shall run to and be in favor of the Borough of Union Beach.
d. 
The performance guarantee shall be approved by the borough attorney as to form, sufficiency and execution. Such performance guarantee shall run for a period to be fixed by the borough council, but in no case for a term of more than two years. However, with the consent of the owner and the surety, if there be one, the borough council may, by resolution, extend the term of such performance guarantee for an additional period not to exceed one year. The amount of the performance guarantee may be revised by the borough council from time to time to reflect work progress, increasing costs and changing conditions in regard to the uncompleted or unacceptable portions of the required improvements, if the required improvements have not been installed in accordance with the performance guarantee, the obligor and surety shall be liable thereon, at the option of the municipality for:
1. 
The reasonable cost of the improvements not installed, and upon receipt of the proceeds thereof, the municipality shall install such improvements; or
2. 
The completion of all required improvements.
e. 
If during the period of the performance guarantee the developer fails to prosecute the work of completing the improvements so as not to create hazards to life, health, property or public safety, the borough may, after five days' notice perform, or cause to be performed, any necessary corrective work and deduct the cost thereof from the 10% cash or certified check portion of the guarantee. Upon notice of any such deduction, the developer shall, within 10 days, restore the full 10% cash balance or his performance guarantee will be held to be void and the borough may take action as if final plat approval had not been obtained.
f. 
When all of the required improvements have been completed, the obligor shall notify the borough council in writing, by certified mail addressed in care of the borough clerk of the completion of said improvements and shall send a copy thereof to the borough engineer, which shall be accompanied by supporting documentation set forth in subsection 13-7.6g of this chapter. Thereupon the borough engineer shall inspect all of the improvements and shall file a detailed report, in writing, with the borough council, indicating either approval, partial approval or rejection of the improvements with a statement of reasons for any rejection. If partial approval is indicated, the cost of the improvements rejected shall be set forth.
g. 
The borough council shall either approve, partially approve or reject the improvements, on the basis of the report of the borough engineer and shall notify the obligor in writing, by certified mail, of the contents of said report and the action of said approving authority with relation thereto, not later than 65 days after receipt of the notice from the obligor of the completion of the improvements. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guarantee, except for that portion adequately sufficient to secure provision of the improvements not yet approved; provided that 30% of the amount of the performance guarantee may be retained to ensure completion of all improvements. Failure of the borough council to send or provide such notification to the obligor within 65 days shall be deemed to constitute approval of the improvements and the obligor and surety, if and, shall be released from all liability, pursuant to such performance guarantee.
h. 
If any portion of the required improvements are rejected, the borough council may require the obligor to complete such improvements and, upon completion, the same procedure of notification, as set forth in this section shall be followed.
i. 
Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the borough council or the borough engineer.
j. 
The obligor shall reimburse the borough for all reasonable inspection fees paid to the borough engineer for the foregoing inspection of improvements; provided that borough may require of the developer a deposit for all or a portion of the reasonably anticipated fees to be paid to the borough engineer for such inspection.
k. 
In the event that final approval is by stages or sections of development pursuant to subsections 13-6.7b, 33 and 13-6.8b, 1 and 25 of this chapter and N.J.S.A. 40:55-D-38 the provisions of this section shall be applied by stage or section.
a. 
Duties of Borough Engineer, Borough Attorney and Borough Clerk. No performance guarantees shall be presented for approval of the borough council until the municipal officials listed below have performed the following and make certification of their performance, in writing to the borough council.
1. 
Borough Engineer: The borough engineer shall:
(a) 
Where applicable, examine the plat map of a subdivision to make certain that it complies with all state laws and this chapter relative to the preparation and filing of maps or plans for the subdivision of land.
(b) 
Ascertain that the plat of a site plan or subdivision has been approved by the Monmouth County and Union Beach Planning Boards.
(c) 
Determine those acts or things the applicant is to do to protect the borough, such as to provide proper drainage, streets, curbs, signs, monuments or any other item or thing and the cost of each, as well as the maximum time he recommends granting the applicant to provide each item or all items.
(d) 
Determine if the landowner is an individual, corporation or partnership; if an individual, his full name and address; if a corporation, its correct name, date and state of incorporation, the name of its president and secretary and location of its principal office in this state; if a partnership, the names and addresses of all partners.
(e) 
Give the applicant a form of the surety company bond required by the borough, and all figures, dates and details required by subsection 13-7.2a.1(c) above so that same may be included in the bond to be furnished to the borough; also, advise the applicant of the amount required to pay the borough as a proper inspection, testing and administration fee.
(f) 
Deliver to the borough attorney:
(1) 
A copy of the letter advising the applicant of amount required to pay the borough as proper inspection, testing, and administration fee so that a developer's agreement can be prepared; and
(2) 
The original copy of the surety company bond of the applicant; and
(3) 
The borough engineer's written certificate addressed to the borough council which certificate and bond shall be delivered at one and the same time.
(g) 
The borough engineer's certificate shall also state and give the nature of cash, or its equivalent, deposited as a portion or all of the performance guarantee (i.e., cash, certified check, cash escrow deposit, or other security).
(h) 
If there is nothing the applicant needs to do under subsection 13-7.2a.1(c) above the certificate shall so state and give the reason therefor.
2. 
Borough Attorney: The borough attorney shall:
(a) 
Upon receipt from the borough engineer of the surety bond, engineer's certificate, and the copy of the engineer's letter advising the applicant of the amount required to pay the borough as a proper inspection, testing and administration fee, the borough attorney shall promptly examine said bond and determine whether or not it is in correct form, content and execution.
(b) 
If the bond is not correct, the borough attorney shall notify the applicant of its shortcomings. When the bond is or has been made correct, the borough attorney shall make a written certificate to that effect to the borough council. Thereupon the attorney shall deliver the bond and engineer's and attorney's certificates to the borough clerk.
(c) 
Prepare a developer's agreement and forward same to developer for execution and thereafter upon receipt of executed agreement cause same to be executed by the mayor and witnessed by the clerk. Applicant shall post an initial escrow fee as set forth in said developer's agreement to reimburse the borough for legal fees incurred in the review and preparation of the documents and the administration and enforcement of the terms set forth in said developer's agreement as well as inspection, testing and administration fees provided in the engineer's estimate.
3. 
Borough Clerk: Upon the receipt from the borough attorney of the bond and certificates of the engineer and attorney, and the developer's agreement, the borough clerk shall:
(a) 
Cause the developer's agreement to be executed by the mayor and witnessed by the clerk; and thereafter.
(b) 
Collect from the applicant the proper fee or fees, if any, payable to the borough in accordance with the engineer's certificate and the developer's agreement.
(c) 
Place the matter of approval of bonds on the agenda of the next regular meeting of the borough council for its consideration;
(d) 
Submit the bond, certificate and fees to the borough council at the next regular meeting of the council.
b. 
Certificates - Form, Dating. Each of the certificates shall be dated and written in letter form upon the stationery of the maker or of the borough, and signed by him or his authorized agent or representative.
c. 
Bond Requirements. There must be attached to the bond an authority of the surety company empowering the person or persons who executed the bond for the surety company to do so. If the bonding company is not a New Jersey corporation, there should also be attached to the bond proof of its authority to do business in New Jersey and a copy of its last financial statement, made not more than one year before, showing its financial conditions. If the principal on the bond is a corporation, there must be attached to the bond a certified copy of a resolution adopted by its board of directors authorizing the execution and delivery of the bond. The bond must also bear the corporate seal of the surety company and the seal, corporate or otherwise, of the principal.
d. 
Copies. The borough clerk shall keep a supply of copies of these bond requirements in his office for the use of applicants and the general public.
a. 
General Requirements. Where the planning board determines that off-tract improvements are necessary for the proper development and utilization of the proposed site or subdivision and the surrounding area, it may require either (1) that such off-tract improvements be installed or (2) that the developer contribute to the installation of such off-tract improvements. Where the planning board has determined that off-tract improvements are required, it shall be a condition of the granting of final approval that such improvements be constructed or that the developer shall make payments toward the ultimate installation of off-tract improvements such as, but not limited to, streets, curbs and gutters, sidewalks, water mains, sanitary sewers, storm sewers and culverts, monuments and street lights, all in accordance with the specifications governing on-tract improvements.
b. 
Cost Allocation. If the planning board determines that the developer may contribute toward required off-tract improvements in lieu of such improvements being installed, the planning board shall allocate the cost of the off-tract improvements in accordance with the standards set forth. The improvement of a stream and/or widening of, or the construction of drainage or other improvements in, a street or road fronting on the tract to be subdivided and/or developed shall not constitute an off-tract improvement and the cost of the improvement shall not be allocated.
1. 
The allocation of the cost of off-tract improvements shall be determined in accordance with the following:
(a) 
The planning board may consider the total cost of the off-tract improvements, the benefits conferred upon the site or subdivision, the needs created by the site or subdivision, population and land use projects for the general areas of the site or subdivision and other areas to be served by the off-tract improvements, the estimated times of construction of off-tract improvements and the condition and periods of usefulness, which periods may be based upon the criteria of N.J.S.A. 40A:2-22. The planning board may further consider the criteria set forth below.
(b) 
Road, curb, gutter and sidewalk improvements may be based upon the anticipated increase of traffic generated by the site or subdivision. In determining such traffic increase, the planning board may consider traffic counts, existing and projected traffic patterns, quality of roads and sidewalks in the area, and the other factors related to the need created by the site or subdivison and anticipated thereto.
(c) 
Drainage facilities may be based upon the percentage relationship between the site or subdivision acreage and the acreage of the total drainage basins involved or upon calculations developing the percentage contribution that the storm runoff from a particular site or subdivision bears to the total design capacity of any improvement; the particular methods to be selected in each instance by the borough engineer.
(d) 
Sewage facilities shall be based upon a proportion as determined by the current rules and regulations of the Northeast Monmouth Regional Sewerage Authority.
(e) 
Water supply and distribution facilities may be based upon the current rules and regulations governing the particular utility supplying water service.
2. 
All monies received by the municipality in accordance with the provisions of this section shall be paid to the municipal treasurer who shall provide for a suitable depository therefor. Such funds shall be used only for the improvements for which they are deposited or improvements serving the same purposes unless such improvements are not initiated for a period of five years from the date of payment, after which time the funds shall be transferred to the capital improvement fund of the municipality.
3. 
The apportionment of costs shall be determined by the planning board. The developer shall be afforded an opportunity before the board to present evidence relative thereto.
c. 
Assessment Not Precluded. Nothing in this section shall preclude the municipality from assessing any property benefiting from installation of any off-tract improvements as provided in this section pursuant to the provisions of the Revised Statutes of New Jersey, an allowance being made to the respective parcels of realty for payments herein.
Before any developer effectively assigns any of his interest in any preliminary or final approval he must notify the administrative officer and supply detailed information with regard to the name, address, principals, type of organization, competency, experience and past performance of the assignee, transferee or agent. Notice of such assignment or transfer shall be given no later than 10 days after its effective date. The assignee must be made acquainted with all the conditions of approval and the developer shall so certify.
a. 
No contractor, builder, developer or subcontractor shall engage any personnel in any of the work on constructing any improvements unless they are continually supervised by a competent, English-speaking supervisor acceptable to the borough engineer.
b. 
No less than five days prior to commencing construction of any improvements on the site, the developer or his agent shall provide the borough engineer with the names, addresses, phone numbers and emergency phone numbers of the subdivider and/or a representative empowered to act for the developer and/or each contractor and their supervisor in charge of the construction, setting forth the aspect of construction for which each is responsible.
c. 
The developer may retain throughout the course of construction a registered New Jersey Professional Engineer to supervise the implementation of the approved subdivision or site design and to make periodic reports to the borough as well as to the developer regarding conformance of the construction with the requirements of final approval.
d. 
If the developer proposes to retain someone other than the engineer who prepared the final plat to supervise construction, he shall notify the borough engineer and the planning board of the name, address and license number of the engineer retained. If at any time during the course of construction the developer elects or is required to replace the responsible engineer and/or employ additional engineers, he shall likewise notify the borough engineer and the planning board.
e. 
The supervising engineer shall immediately notify the borough engineer of any deviation (observed or proposed) from the requirements of final approval and/or this chapter.
f. 
At regular intervals during the course of construction, but not less often than at monthly intervals, the supervising engineer shall submit to the borough engineer a report listing his observations of the work undertaken during the reporting period, specifically noting any deviation from the requirements of final approval and/or this chapter and listing those improvements expected to be undertaken during the next reporting period. The developer shall accompany any request for acceptance of public improvements and/or release of performance guarantees with a certification by the responsible supervising engineer attesting to the completion of the improvements in full conformance with the requirements of final approval and this chapter and/or specifically noting any deviation therefrom.
a. 
Inspection, Testing and Engineering Administration Fees. Prior to signing of any final plat, issuance of a development permit or the start of construction of any improvements required by the provision of this chapter the developer shall deposit by cash or certified check with the borough clerk an amount determined from the schedule under subsection 13-3.4m or n of this chapter. The amount shall be used to defray the cost of inspection, testing, engineering, administration, and other costs, and fees paid by the borough in connection with the inspection and acceptance of the installation of the required improvements. All monies received on account of engineering and inspection fees shall be deposited by the borough treasurer as general revenue as provided by law. The borough shall provide appropriate budget items to cover the cost of all necessary administrative and engineering services.
b. 
Inspection Notice. All required improvements except those utility improvements which are not the responsibility of the borough shall be subject to inspection and approval by the borough engineer, who shall be notified by the developer at least five days prior to the initial start of construction and again 24 hours prior to the resumption of work after any idle period exceeding one working day. All of the utility improvements shall be subject to inspection and approval by the owner of or agency controlling the utility who shall be notified by the developer in accordance with the utilities requirements. No underground installation shall be covered until it is inspected and approved by the owner of or agency controlling the utility or by the borough engineer in all other cases.
c. 
Modification of Improvements. At any time, whether as a result of his inspection of work underway or otherwise the borough engineer may recommend that the developer be required to modify the design and extent of the improvements required, notifying the planning board of his recommendations. The planning board shall, if it considers such modifications to be major, or if requested by the developer or borough engineer, take formal action to approve or disapprove such recommendations; provided, however, that it must first afford the developer an opportunity to be heard. If the board takes no formal action within 30 days of such recommendations, or where the developer has not requested formal planning board action, its approval will be assumed. Similarly, the planning board may grant or deny the developer permission to effect such modification upon his application and the borough engineer's approval. In either event, where such modification is to be effected, the appropriate plat must be revised by the developer or his engineer to reflect such modification and sufficient copies thereof submitted to the administrative officer for distribution.
d. 
General Inspection Requirements. All improvements, except as otherwise provided, shall be subject to inspection and approval by the borough engineer. No underground installation shall be covered until inspected and approved by the borough engineer or those agencies having jurisdiction over the particular installation. If such installation is covered prior to inspection, it shall be uncovered or other inspection means used, such as a television or other pipeline camera as may be deemed necessary by the borough engineer, and charges for such work will be paid for by the developer.
e. 
Inspection not Acceptance. Inspection of any work by the borough engineer, or his authorized representative, shall not be considered to be final approval or rejection of the work, but shall only be considered to be a determination of whether or not the specific work involved was being done to borough specifications or other required standards at the time of inspection. Any damage to such work or other unforeseen circumstances such as the effect of the weather, other construction, changing conditions, settlement, etc., between the time of installation and the time that the developer wishes to be released from his performance guaranty, shall be the full responsibility of the developer, and no work shall be considered accepted until release of the performance guaranty.
f. 
Payment to Contractors. No developer shall enter into any contract requiring the borough council, the borough engineer, or any of their agents, employees or other representatives to make any declarations, written or otherwise, as a condition of payment of said developer to a contractor as to the acceptance or rejection of the work. Neither the borough council, the borough engineer nor any of their agents, employees or representatives shall make any such declaration.
g. 
Procedure on Acceptance of Public Improvements. When the developer has constructed and installed the streets, drainage facilities, curbs, sidewalks, street signs, monuments and other improvements in accordance with borough regulations, standards and specifications, and desires the borough to accept the improvements, he shall, in writing, addressed to and in a form approved by the borough council, with copies thereof to the borough engineer, request the borough engineer to make a semi-final inspection of the improvements. If the improvements have been constructed under a performance guaranty after approval of a final plat, the developer shall submit an as-built plan showing as-built grades, profiles and sections and locations of all subsurface utilities such as french drains, combination drains, sanitary sewage disposal systems, both public and individual water lines and control valves, gas lines, telephone conduits, monuments, iron property markers, and any other utilities or improvements installed other than as shown on the approved final plat. The as-built plan shall be certified to by a licensed New Jersey professional engineer. If any improvements are constructed prior to final plat approval, the final plat shall reflect all changes and as-built conditions and be so certified. The as-built plans shall be submitted on reproducible media.
a. 
It shall be the responsibility of the developer to maintain the entire site or subdivision in a safe and orderly condition during construction. Necessary steps shall be taken by the developer to protect occupants of the site or subdivision and the general public from hazardous and unsightly conditions during the entire construction period. These steps shall include but are not limited to the following:
1. 
Open excavations shall be enclosed by fencing or barricades during nonconstruction hours. Moveable barricades shall be equipped with yellow flashing hazard markers or other lighting during the hours of darkness.
2. 
The excavation of previously installed sidewalk and pavement areas which provide access to occupied buildings in the site or subdivision shall be clearly marked with signs and barricades. Alternate safe access shall be provided for pedestrians and vehicles to the occupied buildings.
3. 
Materials stored on the site shall be screened from the view of occupants of the subdivision or site and adjoining streets and properties.
4. 
Construction equipment, materials and trucks shall not be stored within 150 feet of occupied buildings in the site or subdivision and adjoining streets and properties during nonconstruction hours.
5. 
Safe vehicular and pedestrian access to occupied buildings in the site or subdivision shall be provided at all times.
6. 
Construction activities which create obnoxious and unnecessary dust, fumes, odors, smoke, vibrations or glare noticeable in occupied buildings in the subdivision or site and adjoining properties and streets shall not be permitted.
7. 
Construction activities which will result in damage to trees and landscaping in occupied buildings in the site or subdivision or adjoining properties shall not be permitted.
8. 
All locations and activities in the site or subdivision which present potential hazards shall be marked with signs indicating the potential hazard.
9. 
Unsightly construction debris, including scrap materials, cartons, boxes and wrappings must be removed daily at the end of each working day.
10. 
Whenever construction activities take place within or adjacent to any traveled way, or, interfere with existing traffic patterns in any manner, suitable warning signs, conforming to the requirements of the Uniform Manual on Traffic Control Devices, will be erected and maintained by the developer.
b. 
Should the developer fail in his obligation to maintain the site or subdivision in a safe and orderly condition, the borough may, on five days' written notice or immediately in the case of hazard to life, health or property, undertake whatever work may be necessary to return the site or subdivision to a safe and orderly condition and deduct the cost thereof from the 10% cash or certified check portion of the performance guaranty. Upon notice of such deduction, the developer shall, within 10 days, restore the full 10% cash balance or his performance guaranty will be held to be void and the borough may take action as if final plat approval had not been obtained.
c. 
The construction official shall, upon receiving notice from the borough engineer that a developer is in violation of this section, suspend further issuance of certificates of occupancy and building permits and may order cessation of work on any outstanding permits.
a. 
No permanent certificate of occupancy shall be issued for any use or building until all required improvements are installed and approved by the borough engineer or other appropriate authority.
b. 
No temporary certificate of occupancy shall be issued for any use or building involving the installation of utilities or street improvements, parking areas, buffer areas, storm drainage facilities, other site improvements, the alteration of the existing grade on a lot or the utilization of a new on-site well or sanitary disposal system unless the borough engineer or other appropriate authority shall have, where applicable, certified to the following:
1. 
Utilities and Drainage: All utilities, including, but not limited to, water, gas, storm drains, sanitary sewers, electric lines and telephone lines shall have been properly installed and service to the lot, building or use from such utilities shall be available.
2. 
Street Rights-of-Way: All street rights-of-way necessary to provide access to the lot, building or use in question shall have been completely graded and all slope retaining devices or slope planting shall have been installed.
3. 
Sidewalks: All sidewalks necessary to provide access to the lot, building or use in question shall have been properly installed.
4. 
Streets: Curbing, and the bituminous base course of bituminous concrete streets or the curbing and pavement course for portland cement concrete streets necessary to provide access to the proposed lot, building or use shall have been properly installed.
5. 
Curbing and Parking Areas: Curbing and the bituminous base course of parking areas necessary to provide access to the required number of parking spaces for the building or use in question shall have been properly installed.
6. 
Obstructions: All exposed obstructions in parking areas, access drives or streets such as manhole frames, water boxes, gas boxes and the like shall be protected by building to the top of such exposures with bituminous concrete as directed by the borough engineer.
7. 
Screening, Fences and Landscaping: All required screening, fencing and/or landscaping related to the lot, building or use in question shall have been properly installed unless the borough engineer shall direct the developer to delay the planting of screening and landscaping until the next planting season in order to improve the chances of survival of such plantings.
8. 
Site Grading: All site grading necessary to permit proper surface drainage and prevent erosion of soils shall have been completed in accordance with the approved soil disturbance plans.
9. 
On-site Wells: All on-site wells have been installed, tested and approved by the board of health.
10. 
On-site Sanitary Disposal Systems: All on-site sanitary disposal systems shall have been installed and approved by the board of health and the Bayshore Regional Sewerage Authority.
11. 
Public Water Supply: Where the proposed lot, building or use is served by a public water supply, said supply shall have been installed and tested and all required fire hydrants or fire connections shall have been installed and tested and approved.
12. 
Lighting: All outdoor lighting shall have been installed and shall be operational.
13. 
Street Signs and Traffic Control Devices: All street signs, paint lining and/or traffic control devices affecting the proposed lot, building or use, and required under the terms of approval of a subdivision or site plan or by federal, state, county or municipal rules, regulations or laws, shall have been installed.
14. 
Other: Any other conditions established for issuance of a certificate of occupancy by the planning board as a condition of final site plan approval shall be complied with.
c. 
Temporary certificates of occupancy shall be issued for a specified period of time, not to exceed one year, and the applicant shall post a cash guarantee with the borough in an amount equal to the cost, to the borough, of constructing all uncompleted improvements, prior to the issuance of any such temporary certificate of occupancy.
A maintenance guarantee shall be furnished by the developer upon release of the performance guarantee, acceptance of public improvements by the borough council and/or approval of site improvements by the borough engineer. The developer may elect to furnish such maintenance guarantee either by (1) maintaining on deposit with the borough the 10% cash or certified check portion of the performance guarantee provided in accordance with subsection 13-7.1 or (2) by a bond issued by a bonding company or surety company, or other type of surety acceptable to and approved by the borough attorney and borough council in an amount equal to 15% of the total performance guarantee provided in accordance with subsection 13-7.1. The maintenance guarantee shall begin with the release of the performance guarantee and shall run for a period of two years. The maintenance guarantee shall be to the effect that the applicant, developer, owner or user guarantees the complete maintenance of all improvements for a period of two years from the release of his performance guarantee. Should he fail in his obligation to properly maintain all improvements, the borough may, on 10 days' written notice or immediately, in the case of hazard to life, health or property, proceed with necessary repair or replacement of any unacceptable improvements and charge the cost against the guarantee. At the end of the maintenance guarantee the cash or certified check on deposit will be returned to the subdivider less any sums, properly documented by the borough, which have been expended to repair or replace any unsatisfactory improvements.
[Ord. #324; Ord. #410; Ord. #662; Ord. #675; ; Ord. #690; Ord. #2006-81; Ord. #2008-115]
a. 
General. All improvements shall be installed in complete accordance with the standards of this chapter, with other particular specifications approved by the planning board and borough engineer and with all other applicable municipal, county, state and federal regulations. Should improvements be required which are not provided for within the particular sections of this chapter, they shall be designed and constructed in accordance with good engineering practice and recognized design standards. The developer (or his engineer) shall submit detailed design calculations and construction specifications in each such instance. Prior to the initiation of such specialized design, the particular standards to be utilized shall be submitted for review by the planning board and borough engineer.
b. 
Standard Specifications and Construction Details. The Standard Specifications for Road and Bridge Construction of the New Jersey Department of Transportation (latest edition), including all addenda, and the Standard Construction Details of the New Jersey Department of Transportation (latest revision) as modified, supplemented, amended or superseded by the requirements of this ordinance, by the approved final plat, by particular agreement among the planning board, the borough council and subdivider or by other applicable municipal, county, state or federal regulations, shall govern the completion of the required improvements. Such Standard Specifications and Standard Construction Details are made a part of this chapter by reference and will not be herein repeated. It is the responsibility of all developers to familiarize themselves with these standards, copies of which may be examined at the offices of the borough clerk and borough engineer and may be obtained, upon payment of the cost, from the New Jersey Department of Transportation. The requirements of this chapter, of an approved final plat or of particular agreements and conditions of approval and of applicable municipal, county, state or federal regulations shall govern and prevail in the case of conflict between them and the Standard Specifications or Standard Construction Details. Should the borough adopt, subsequent to the effective date of this ordinance, particular and specific Standard Construction Details for the borough, they shall govern and prevail over the Standard Construction Details of the New Jersey Department of Transportation previously referred to.
a. 
Objectives. All site plan and subdivision plats shall conform to design standards that will encourage desirable development patterns within the borough. Where either or both an official map or master plan have been adopted, the site plan or subdivision shall conform to the proposals and conditions shown thereon. The streets, drainage rights-of-way, school sites, public parks and playgrounds and other municipal facilities shown on an adopted master plan or official map shall be considered in the review of site plans and subdivision plats. Where no master plan or official map exists, or makes no provisions therefor, streets and drainage rights-of-way shall be shown on the final plat in accordance with N.J.S.A. 40:55D-38, and shall be such as to lend themselves to the harmonious development of the municipality and the enhancement of the public welfare.
b. 
Responsibility for Design. Within the criteria established by and subject to the review and approval of the planning board, all design of a site plan or subdivision is the responsibility of the developer and he shall be responsible for and bear the entire cost of any and all investigations, tests, reports, surveys, samples, calculations, environmental assessments, designs, researches or any other activity necessary to the completion of the design. The standards set forth in this chapter shall be taken to be the minimum necessary to meet its purposes as set forth elsewhere herein. The responsibility of the planning board shall be to see that these minimum standards are followed and, in those cases not covered by these standards, sufficient precautions are taken to assure that the eventual design is conducive to the implementation of the purposes of this chapter and the borough master plan. The planning board may employ professionals in various disciplines to advise and assist it in its determinations. Any decisions of the planning board regarding the suitability or sufficiency of any design proposal, taken upon advice of its professionals and subject to the provisions of this chapter, shall be deemed conclusive.
c. 
Design Data. To properly execute the design of a site plan or subdivision, it is anticipated that the developer will obtain or cause to be obtained certain design data including, but not limited to, soil tests and analyses, environmental assessments, traffic studies and traffic projections, surveys, reports and similar design data. Any and all such data obtained by the developer, or by others retained by him to complete the design, shall be made available to the planning board and its employees and professional consultants, for the purpose of reviewing the proposed design. Should the planning board determine that the design data submitted is not sufficient for the purpose of completing a full review of the proposal, it may request the applicant to provide such additional information as is deemed necessary. Until the applicant supplies such information, no submission under the provisions of this chapter shall be termed complete. Nothing contained herein shall be interpreted to prevent the planning board from making or causing to be made such independent studies, calculations or other undertakings as it deems necessary in the review of any application for development.
d. 
Design Standards. When a developer determines that it will be necessary to utilize design standards in addition to or other than those minimum requirements established herein, he is advised to consult with the borough engineer prior to beginning his detailed design, for review and approval of his proposed design standards. Standards utilized should generally be nationally recognized and in common use in this area. Design standards may not be utilized if they do not have the approval of the borough engineer.
e. 
Waiver of Requirements. It is recognized that, in certain instances, preexisting conditions or the uniqueness of a particular proposal may require the waiver of some of the standards presented herein. The planning board may consider and, for cause shown, may waive strict conformance with such of these detailed design standards as it sees fit. Any developer desiring such action shall present with his application for development a listing of all such waivers desired together with the reasons therefor.
a. 
The block length, width, and acreage within bounding roads shall be such as to accommodate the size and dimensions of lots required for the zoning district by this chapter and to provide for convenient access, circulation control, and safety of vehicles and pedestrians.
b. 
Block lengths may vary between 500 and 3,000 feet but blocks along other than local or collector streets shall not be less than 1,200 feet long.
c. 
Interior crosswalks with a right-of-way 20 feet wide containing a sidewalk of four feet or greater in width and fenced on both sides may be required for blocks longer than 1,200 feet, from the ends of the cul-de-sacs to adjacent streets and elsewhere as required by the public convenience, including the provision of walks giving access to schools, playgrounds and shopping centers without the necessity of crossing traffic thoroughfares.
a. 
Buffer Areas. All uses, other than single family detached and two family detached dwellings and their accessory uses (except as otherwise provided in this chapter), shall provide twenty-foot wide buffer areas along all side and rear property lines which abut areas zoned residentially (including single family detached and multi-family dwellings) and along front property lines on local or collector streets which abut areas zoned for such residential uses.
1. 
If a home professional office, home occupation or an accessory use to a single family detached dwelling requires 10 or more off-street parking spaces, the planning board shall consider the need for a buffer area and may require that buffer areas of 20 feet in width be provided along side and rear property lines adjacent to such accessory use and/or off-street parking.
2. 
If a proposed single family detached subdivision abuts a collector or arterial highway or an area zoned for or occupied by other uses, the planning board shall consider the need for buffer areas and may require:
(a) 
That a buffer strip not exceeding 50 feet in width be provided and maintained in its natural state and/or suitably planted with screening and landscaping, or
(b) 
That the adjacent lots front on an interior street and have a depth of at least 200 feet with suitable screening and landscaping planted at the rear, or
(c) 
That other suitable means of separation be provided.
3. 
Buffer areas shall be maintained and kept free of all debris, rubbish, weeds and tall grass.
4. 
No structure, activity, storage of materials or parking of vehicles shall be permitted within the buffer area, except that, where permitted by the planning board, the buffer area may be broken for vehicular or pedestrian access and appropriate directional and safety signs provided.
b. 
Screening. Within buffer areas required by paragraph a above, there shall be provided screening in accordance with the following regulations:
1. 
Except as otherwise provided herein, the screening, area shall be a minimum of 20 feet in width and shall be planted with evergreen trees approved by the planning board. Trees shall be planted in two staggered rows eight feet apart and shall be between six and eight feet in height and shall conform to the current American Standard for Nursery Stock sponsored by the American Association of Nurserymen, Inc. Within each row, the trees shall be planted on six foot centers (see Figure 1 below).
FIGURE 1
STANDARD SCREENING
013--Image-1.tif
Double staggered rows of approved evergreen trees
2. 
In cases where it is determined to be desirable by the planning board, evergreen trees planted with a minimum height of four feet may be substituted for the six to eight foot trees required under paragraph a provided that the developer shall install a solid six-foot high stockade fence along the outside of the required screening strips in accordance with subsection 13-8.14 prior to commencing the construction of improvements on the site.
The stockade fence shall be maintained in good condition by the developer until such time as the evergreen trees have grown to a minimum height of 10 feet at which time, the developer may remove the stockade fence.
3. 
Where suitable trees exist within a screening area, they should be retained and supplemented with shade tolerant evergreen trees to provide the equivalent of the required screening as determined by the planning board.
4. 
Where all proposed buildings, parking areas and other improvements are located 50 feet or more from a property line abutting a residential zone, the planning board may permit a screening area 10 feet in width planted with a single row of evergreen trees in a location approved by the planning board planted on five foot centers with a minimum height of six to eight feet of a type and species to be substituted for the screening area required in Figure 1 (see Figure 2 below).
FIGURE 2
MODIFIED SCREENING
013--Image-2.tif
Single row of approved evergreen trees
5. 
The required height for a screening area shall be measured in relationship to the elevation of the land at the nearest required rear, side or front yard setback line of the abutting residentially zoned properties. Where the average ground elevation of the location at which the screening strip is to be planted is less than the average ground elevation at the nearest required rear, side or front setback line on the abutting residentially zoned property, the planning board may require the height of trees planted in the required screening strip be increased by an amount equal to the difference in elevation. Where the average ground elevation of the location at which the screening strip is to be planted is greater than the average ground elevation at the nearest required rear, side or front setback line on the abutting residentially zoned property, the planning board may permit the height of trees planted in the required screening strips to be decreased by an amount equal to one-half the difference in elevation, except that in no case, shall the required height be reduced to less than four feet.
6. 
All trees in a screening area shall be watered weekly through the first growing season. The developer shall construct a six inch deep earth saucer around each tree to hold water and fill with woodchips or other suitable mulch. Trees shall be nursery grown, balled and bagged, sheared and shaped, of the required height and planted according to accepted horticultural standards.
7. 
At the following locations within required screening areas, evergreen shrubs with a maximum mature height of 30 inches or less, approved by the borough planning board as to type, location and spacing, shall be provided in lieu of the evergreen trees specified above:
(a) 
Within sight triangle easements.
(b) 
Within 25 feet of intersections where sight triangle easements are not provided.
(c) 
Within 25 feet of access drives.
8. 
Waiver: The planing board, after favorable recommendation by the borough engineer, and after examination and review, may waive, fully or partially, provisions of this section in heavily wooded areas, in areas unsuitable for plantings or because of other exceptional conditions, and/or may require supplementary plantings.
c. 
Landscaping.
1. 
Topsoil Preservation: No topsoil shall be removed from the site or used as spoil, except excess topsoil remaining after all improvements have been installed in accordance with an approved site plan or subdivision map after topsoil has been redistributed in accordance with this paragraph. All topsoil moved during the course of construction shall be redistributed on all regraded surfaces so as to provide an even cover and shall be stabilized by seeding or planting. All regraded areas and all lawn areas shall be covered by a four inch minimum thickness of topsoil. If sufficient topsoil is not available on the site, topsoil meeting the requirements of the standard specifications shall be provided to result in a four inch minimum thickness.
2. 
Protection of Trees: No material or temporary soil deposits shall be placed within six feet of any trees or shrubs designated to be retained on the preliminary and/or final plat. Where grading may be required, trees not shown for removal shall be walled in and extension tiled to the outer crown of the tree.
3. 
Removal of Debris: All tree stumps and other tree parts or other debris shall be removed from the site and disposed of in accordance with law. No tree stumps, portions of a tree trunk or limbs shall be buried anywhere in the development. All dead or dying trees, standing or fallen, shall be removed from the site. If trees and limbs are reduced to chips they may, subject to the approval of the borough engineer, be used as mulch in landscaped areas.
4. 
Slope Plantings: Landscaping of the area of all cuts or fills and terraces shall be sufficient to prevent erosion, shall be approved by the borough engineer. All roadway slopes steeper than one foot vertically to three feet horizontally shall be planted with suitable cover plants combined with grasses and/or sodding. Grasses or sodding alone shall not be acceptable.
5. 
Selective Thinning: Throughout the development except in areas specifically designated to remain in their natural state, in landscaped or buffer areas, on building lots and in open space areas for public or quasi-public use, the developer shall selectively thin to remove all dead or dying vegetation, either standing or fallen, and shall remove, including grubbing out stumps, all undesirable trees and other growth. The developer shall, in accordance with overall site development and his proposed landscaping scheme, provide cleared, graded and drained pathways approximately four feet wide through all public or quasi-public open space in heavily wooded areas. Such pathways should be sited to conform to the existing natural conditions and should remain unobstructed. They are not intended to provide improved walkways, but only to provide easy access through open space areas.
6. 
Additional trees in single family subdivisions: Besides the screening and shade tree requirements, additional trees shall be planted throughout the subdivision in accordance with a planting plan approved by the planning board at the time of final approval. The number of trees planted shall be not less than 10 per acre, calculated on the basis of the entire subdivision tract. The variety of plantings may vary from those listed under shade tree requirements and may include flowering types and/or evergreens, not exceeding 30% of the total plantings.
7. 
Additional landscaping for non-residential uses: In conjunction with all uses other than single family homes, all areas of the site not occupied by buildings, pavement, sidewalks, required screening, required parking area landscaping, required safety islands, or other required improvements, shall be landscaped by the planting of grass or other ground cover acceptable to the planning board and a minimum of two shrubs and one tree of each 250 square feet of open space.
8. 
Trees shall be planted with a minimum diameter of two inches breast high.
9. 
Waiver: The planning board, after favorable recommendation by the borough engineer and after examination and review, may waive, fully or partially, provisions of this section in heavily wooded areas, in areas unsuitable for plantings or because of other exceptional conditions, and/or may require supplementary plantings.
10. 
Specifications: All planting, clearing, selective thinning, topsoiling, seeding and other landscaping work shall conform to the applicable requirements of the standard specifications.
11. 
Landscaping Plan: The placement of landscaping shall be in accordance with a landscaping plan submitted with the final plat.
12. 
Relocated Plantings: Existing plants may be salvaged and/or relocated from clearing areas within the development and utilized to meet the planting requirements of subsection 13-8.4c.6 and 7, provided that:
(a) 
Each three items of salvaged and/or relocated plant material shall be considered equivalent to two items of new plant material, and
(b) 
All such salvaged and/or relocated plant material shall be of a type, size and quality acceptable to the borough engineer, and
(c) 
All such salvaged and/or relocated plant material shall be dug, transported and replanted at a season of the year and using a schedule and equipment, methods and materials conforming to the requirements of the standard specifications and subject to the approval of the borough engineer.
(d) 
The developer has received the approval of the borough engineer of the items to be relocated and the schedule and methods of relocation prior to any work of salvaging and/or relocation taking place.
d. 
Shade Trees.
1. 
In each subdivision of land, the developer shall plant between the sidewalk and right-of-way line proper shade and/or decorative trees of a type approved by the planning board, at a maximum distance of 50 feet between trees. The minimum distance between such trees planted shall be 40 feet. Planting sites shall be indicated on the final plat. Such plantings shall not be required within sight easements as required elsewhere herein.
2. 
All trees planted in accordance with the provisions of this chapter shall be placed in a proper manner and in a good grade of topsoil and within the area of the tree well at the point where the tree is planted. In the event that any individual person or group of individual persons desire to plant a tree or trees in a tree well or within the jurisdiction of the planning board, such person or persons may do so, provided that they conform to the provisions of this chapter, and further provided that permission of the planning board is obtained.
3. 
All shade trees to be hereafter planted in accordance with this chapter shall be nursery grown, or of substantially uniform size and shape and shall have straight trunks. Ornamental trees need not have straight trunks, but must conform in all other respects with the provisions for trees and tree plantings outlined in this chapter.
4. 
All trees planted pursuant to this chapter shall be planted in a dormant state.
5. 
Subsequent or replacement plants shall conform to the type of existing tree in a given area, provided that if any deviation is anticipated, it must be done only with the permission of the Shade Tree Commission. In a newly planted area, only one type of tree may be used on a given street, unless otherwise specified by the planning board.
6. 
A hole in which a tree is to be planted shall be in each case, one-third larger in width and in depth than the existing root ball of the particular tree to be planted. The hole for a tree to be planted shall contain proper amounts of topsoil and peat moss, but no chemical fertilizer shall be added until the tree has been planted for one year.
7. 
All shade trees shall be planted in accordance with the landscaping requirements of the standard specifications.
All development on tidal lagoons, navigable waterways or other bodies of water, either existing or proposed, shall provide for bulkheading. All development on non-tidal bodies of water, either existing or proposed, shall provide for bulkheading or other appropriate permanent bank stabilization, acceptable to the planning board. In no case shall bank slopes, bulkhead, rip-rap, revetments, or other elements of bank stabilization be located within required minimum yard areas.
Bulkheads may be constructed of treated timber, reinforced concrete, marine alloy steel or other materials in accordance with approved details (if adopted) and a detailed design to be submitted by the developer in each case for approval by the borough engineer, and such other approval authorities, including, but not limited to, the United States Army Corps of Engineers, as may be necessary. New or reconstructed lagoons shall have a minimum width of 100 feet and be provided with suitable turning basins.
The planning board may consider waiver and/or modification of this requirement when necessary to preserve wetlands or other natural features, provided that minimum lot sizes may be maintained and that all development may be made reasonably secure from erosion.
In zoning districts where bulk storage is a permitted accessory use, the following minimum requirements shall apply:
a. 
No bulk storage of materials or equipment shall be permitted in any required front yard area or within 100 feet of any public street, whichever is greater.
b. 
No bulk storage of materials or equipment shall be permitted between any side or rear lot line and the required side or rear setback line.
c. 
All bulk storage areas shall be screened from public view by means of suitable fencing and/or evergreen plantings as required by the planning board. Where the property is adjacent to a residential zone, the screening shall meet the minimum requirements of subsection 13-8.4.
d. 
No fence used to screen a bulk storage area shall be placed closer to any property line than the distance constituting the required front, side or rear setbacks and all setback areas shall be landscaped in accordance with the requirements of subsection 13-8.4.
e. 
All service roads, driveways and bulk storage areas shall be paved with bituminous concrete or other surfacing material, as required by the planning board, which shall be of sufficient strength to handle the anticipated use.
f. 
In no instance shall on-site bulk storage of material exceed the height of 10 feet.
g. 
No heavy equipment shall be operated or parked closer to the front property line than the required front setback plus 50 feet, except as the same may be in transit to or from the site.
a. 
All grading, excavation or embankment construction shall be in accordance with the approved final plat and shall provide for the disposal of all stormwater runoff and such groundwater seepage as may be encountered. All clearing, excavation and embankment construction shall be in accordance with the applicable requirements of the standard specifications. No excavated material may be removed from the site except in accordance with an approved final plat nor without the prior approval of the borough engineer. Where borrow excavation materials from off-site sources are required to complete the necessary grading, such material shall meet the requirements of the standard specifications for borrow excavation, zone 3, and shall be subject to the approval of the borough engineer.
b. 
Material which the borough engineer judges unsuitable for use in roadway embankment may be used for grading outside the roadway right-of-way or in building areas with the permission of the borough engineer and the construction official (for building areas). Any unsuitable material which cannot be satisfactorily utilized on the site shall be removed from the site and disposed of at places to be provided by the developer.
c. 
All construction layout and grading stakes shall be set by a licensed land surveyor or professional engineer employed by the developer or his contractor.
d. 
All rough grading must be completed prior to the construction of roadway subgrade. All sidewalk areas and slope areas must be fully graded prior to the construction of finished pavements or pavement base courses.
e. 
To preserve the integrity of pavements, embankments and excavations for streets or roadways shall be provided with slopes no steeper than one foot vertical rise for every three feet of horizontal distance.
f. 
Such slopes shall be suitably planted with perennial grasses or other ground cover plantings in accordance with the plans approved by the planning board. In areas where excavations or embankments would extend significantly beyond road rights-of-way, thereby causing disruption to the natural environment of the development, the planning board may, upon the application of the developer, consider or may, upon its own initiative, direct the use of terraces, retaining walls, crib walls or other means of maintaining roadway slopes. In any event, the entire roadway right-of-way shall be fully graded and any retaining walls, crib walls or terraces shall be located outside of the roadway right-of-way and their maintenance shall be the responsibility of the owner of the property on which they are constructed. The developer shall make suitable provisions in the instruments transferring title to any property containing such terraces, retaining walls or crib walls and shall provide a copy thereof to the planning board and the borough clerk. All graded areas within or outside of the roadway right-of-way shall be neatly graded, topsoiled, fertilized and seeded to establish a stand of perennial grasses.
g. 
Top of slopes in excavations and the toe of slopes in embankment areas shall not extend beyond the right-of-way line or, where provided, the exterior line of the six-foot wide shade tree and utility easement required herein. Sidewalk and easement areas shall slope at 2% to the top of the curb elevation, and sidewalk construction shall conform to this slope.
h. 
Lot Grading. Lots shall be graded to secure proper drainage and to prevent the collection of stormwater. Said grading shall be performed in a manner which will minimize the damage to or destruction of trees growing on the land. Topsoil shall be provided and/or redistributed on the surface as cover and shall be stabilized by seeding or planting. Grading plans shall have been submitted with the preliminary and final plats, and any departure from these plans must be approved in accordance with the requirements of this chapter for the modification of improvements. Grading shall be designed to prevent or minimize drainage to structures or improvements when major storms, exceeding the design basis of the storm drainage system, occur.
1. 
Wherever possible, the land shall be graded so that the stormwater from each lot shall drain directly to the street. If it is impossible to drain directly to the street, it shall be drained to a system of interior yard drainage designed in accordance with the standards for drainage facilities and suitable drainage easements shall be provided.
2. 
Unless otherwise required by the standard specifications, all tree stumps, masonry and other obstructions shall be removed to a depth of two feet below finished grade.
3. 
The minimum slope for lawns shall be 3/4 of 1% and for smooth hard-finished surfaces, other than roadways, 0.4 of 1%.
4. 
The maximum grade for lawns within five feet of a building shall be 10% and for lawns more than five feet from a building, 25%.
5. 
Retaining walls installed in slope control areas shall be constructed of heavy treated timber or logs, reinforced concrete, other reinforced masonry or of other construction acceptable to the borough engineer and adequately designed and detailed on the final plat to carry all earth pressures, including any surcharges. The height of retaining walls shall not exceed one-third of the horizontal distance from the foundation wall of any building to the face of the retaining wall. Should the borough adopt, subsequently to this chapter, standard details for such construction, the same shall govern.
6. 
The developer shall take all necessary precautions to prevent any siltation of streams during construction. Such provisions may include, but are not limited to, construction and maintenance of siltation basins or holding ponds and diversion berms throughout the course of construction.
a. 
Location of Club or Bathhouse: All commercial or private club swimming pools shall provide a suitable club or bathhouse building. The club or bathhouse, for an outdoor commercial or private club swimming pool, shall be set back not less than 100 feet from the front property line and not closer than 50 feet from the side and rear property lines.
b. 
Pool Location. An outdoor commercial or private club swimming pool shall be located not less than 25 feet from the side or rear of the clubhouse, bathhouse, motel or hotel on the building lot, and not less than 100 feet from the front property line and not less than 50 feet from the side and rear property lines.
c. 
Off-Street Parking. Ample parking spaces shall be provided in an area or areas located not less than 100 feet from the front property line and no less than 50 feet from the side or rear residential property lines.
For a private club with a membership of up to 100 members, not less than 80 car spaces shall be provided. For each additional 25 members or fraction thereof, not less than 20 additional car spaces shall be provided.
For a commercial pool with up to 100 lockers or clothes baskets, there shall be provided not less than 40 car spaces, and for each additional 25 lockers or clothes baskets, not less than 10 additional car spaces, and in addition thereto, two car spaces for each three family lockers.
d. 
Size of Pool. A swimming pool for a private club, limited to a maximum of 100 members, shall have a minimum size of 1,800 square feet, and for each additional 25 members or fraction thereof, the pool shall be enlarged by 450 square feet.
For a commercial swimming pool limited to a total of 100 lockers or baskets for bathers' clothing, the minimum size of the pool shall be 2,000 square feet and for every additional 25 lockers or baskets or fraction thereof, the pool shall be enlarged by 500 square feet.
e. 
Swimming Section. The diving section shall be greater than 5 1/2 feet in depth; the non-diving section shall be less than 5 1/2 feet in depth. The area reserved around each diving board or platform provided for diving purposes shall be not less than 300 square feet.
f. 
Pump Location. The pump of a filtration or pumping system of a commercial swimming pool or private club pool shall be located not less than 50 feet from any side or rear property line.
g. 
Lounging and Spectator Area. In addition to the decks or walks surrounding the swimming pool, an area shall be provided for lounging or spectator use.
h. 
Club and Bathhouse Facilities. The club or bathhouse shall be equipped with separate facilities for men and women. These facilities shall include adequate dressing rooms, lockers, shower and toilets.
i. 
Wading Pool. A swimming pool for private club or commercial use shall provide a separate wading pool.
j. 
Pool Enclosure. To provide safety and a degree of privacy, an outdoor swimming pool for private club or commercial use shall be surrounded entirely by a suitably strong tight fence, capable of holding a live load of 250 pounds between posts, located not more than eight feet apart; however, one side or sides of the club or bathhouse may serve as a part of the enclosure. The fence shall be located not less than 15 feet from the closest edge of the pool. The fence shall be from eight feet to 10 feet high, having no opening larger than a two inch square. All supporting structures shall be on the inside of the fence and the top of such support shall be at least one inch lower than the top of the fence.
k. 
Gate. Any opening or openings in the fence to afford entry to the pool shall be equipped with a substantial gate similar to the fence and shall extend from not less than two inches above the ground to the height of the fence. The gate shall be of a self-closing type, opening outwardly only and be equipped with a lock and key or chain and padlock and shall be kept locked, except when the pool is in use.
l. 
Lighting. A complete system of artificial lighting shall be provided for a swimming pool, including lounging and parking areas, which is operated by a private club or for commercial use. Arrangement and design of lights shall be such that all parts of the pool and its appurtenances shall be clearly visible to attendants. All lighting fixtures shall be shielded so as to prevent any direct beam from falling upon any adjoining property. Overhead wires shall not be carried across the swimming pool and wading pool proper, decks and lounging areas. Underwater lighting shall be designed, installed and grounded so as not to create a hazard to bathers.
m. 
Noise. No sound amplifying system shall be operated or other activities permitted at any swimming pool for commercial or private club use, which shall cause undue noise or constitute a nuisance to the surrounding neighbors. Closing time shall be no later than 10:30 p.m.
a. 
Common open space or public open space areas proposed to be provided in conjunction with applications for development for subdivisions or site plans shall be subject to the following requirements:
1. 
Each open space area should contain a minimum of two contiguous acres.
2. 
Open space areas should not be less than 50 feet in width at any location, except where such open space is to be utilized primarily for walkway access from a public street to the open space at the rear of building lots, it may have a minimum width of 20 feet for a length not to exceed 250 feet.
3. 
Where possible, all of the following land areas and features shall be preserved as open space:
(a) 
Floodway and flood hazard areas.
(b) 
Areas containing a significant number of specimen trees as determined by the planning board.
(c) 
Existing watercourses, ponds.
(d) 
Land with a seasonal high water table of less than two feet.
(e) 
Wetlands as defined by the New Jersey Wetlands Act of 1970 and delineated on wetlands maps prepared by the New Jersey Department of Environmental Protection.
b. 
Site Preparation. Within open space areas, the planning board may require a developer to make certain site preparation improvements, which may include, but are not limited to the following:
1. 
Removal of dead or diseased trees.
2. 
Thinning of trees or other growth to encourage more desirable growth.
3. 
Removal of trees in areas planned for ponds, lakes, active recreational facilities or pathways.
4. 
Grading and seeding.
c. 
Reservation of Public Areas.
1. 
If the master plan or the official map provides for the reservation of designated streets, public drainage-ways, flood control basins, or public areas within the proposed development, before approving a subdivision or site plan, the planning board may further require that such streets, ways, basins or areas be shown on the plat in locations and sizes suitable to their intended uses. The planning board may reserve the location and extent of such streets, ways, basins or areas shown on the plat for a period of one year after the approval of the final plat or within such further time as may be agreed to by the developer. Unless during such period or extension thereof the municipality shall have entered into a contract to purchase or institute condemnation proceedings according to law for the fee or a lesser interest in the land comprising such streets, ways, basins or areas, the developer shall not be bound by such reservations shown on the plat and may proceed to use such land for private use in accordance with applicable development regulations. The provisions of this section shall not apply to streets and roads, flood control basins or public drainageways necessitated by the subdivision or land development and required for final approval.
2. 
The developer shall be entitled to just compensation for actual loss found to be caused by such temporary reservation and deprivation of use. In such instance, unless a lesser amount has previously been mutually agreed upon, just compensation shall be deemed to be the fair market value of an option to purchase the land reserved for the period of reservation; provided that determination of such fair market value shall include, but not be limited to, consideration of the real property taxed apportioned to the land reserved and prorated for the period of reservation. The developer shall be compensated for the reasonable increased cost of legal, engineering or other professional services incurred in connection with obtaining subdivision approval or site plan approval, as the case may be, caused by the reservation.
d. 
Recreation Areas. Where it is considered appropriate by the planning board, portions of proposed open spaces may be designated for passive and/or active recreational activities. Passive recreational activities may include, but are not limited to, pedestrian paths, bicycle paths, sitting areas and naturally preserved areas. Active recreational activities may include, but are not limited to, swimming pools, tennis courts, and ball fields. The location and shape of any land to be designated for recreational activities shall be approved by the planning board based on, but not limited to, the following standards:
1. 
The board shall consider the natural topography and shall attempt to preserve the same to the greatest extent possible.
2. 
The board shall attempt to tailor the location and shape of recreational areas to harmonize with the shape of the entire development.
3. 
The board shall consider the extent to which specific recreational areas shall be used for passive or active recreational purposes.
4. 
The board shall request and consider recommendations from the appropriate borough officials.
5. 
The board shall consider the extent to which the residents of the development shall be served by other existing or future recreational facilities or lands within or in the vicinity of the development.
6. 
The board shall consider the sequence of development.
7. 
The board shall consider the effect which the location and shape of recreational areas in the development will have upon the application of sound planning principles as well as the general welfare, health and safety of the residents of the development.
e. 
Open Space Ownership.
1. 
The type of ownership of land dedicated for open space purposes shall be selected by the owner, developer, or subdivider subject to the approval of the planning board and may include, but is not necessarily limited to the following:
(a) 
The Borough of Union Beach (subject to acceptance of the borough council).
(b) 
Other public jurisdictions or agencies (subject to their acceptance).
(c) 
Quasi-public organizations (subject to their acceptance).
(d) 
Homeowners' or condominium associations or organizations.
(e) 
Shared, undivided interest by all property owners in the development.
2. 
Any lands dedicated for open space purposes shall contain appropriate covenants and deed restrictions approved by the planning board, which insure that:
(a) 
The open space area will not be further subdivided in the future.
(b) 
The use of the open space areas will continue in perpetuity for the purpose specified.
(c) 
Appropriate provisions are made for the maintenance of the open space areas.
f. 
Maintenance of Common Open Space.
1. 
The borough or other governmental agency may, at any time and from time to time, accept the dedication of land or any interest therein for public use and maintenance, but the planning board shall not require, as a condition of approval, that land proposed to be set aside for common open space be dedicated or made available to public use.
2. 
The developer shall provide for an organization for the ownership and maintenance of any open space for the benefit of owners or residents of the development, if said open space is not dedicated to the borough or other governmental agency. Such organization shall not be dissolved and shall not dispose of any open space, by sale or otherwise, except to an organization conceived and established to own and maintain the open space for the benefit of such development, and thereafter such organization shall not be dissolved or dispose of any of its open space without first offering to dedicate the same to the borough.
3. 
In the event that such organization shall fail to maintain the open space in reasonable order and condition, the administrative officer may serve written notice upon such organization or upon the owners of the development setting forth the manner in which the organization has failed to maintain the open space in reasonable condition, and the notice shall include a demand that such deficiencies of maintenance be cured within 35 days, and shall state the date and place of a hearing which shall be held within 15 days of the notice. At such hearing, the administrative officer may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time not to exceed 65 days within which they shall be cured.
If the deficiencies set forth in the original notice or in the modification shall not be cured within the 35 days or any permitted extension thereof, the borough, in order to preserve the open space and maintain the same for a period of one year may enter upon and maintain such land. The entry and maintenance shall not vest in the public any rights to use the open space except when the same is voluntarily dedicated to the public by the owners. Before the expiration of the year, the administrative officer shall, upon his initiative or upon the request of the organization responsible for the maintenance of the open space, call a public hearing upon 15 days' written notice to the organization and to the owners of the development, to be held by the administrative officer, at which hearing the organization and the owners of the development shall show cause why such maintenance by the borough shall not, at the election of the borough, continue for a succeeding year. If the administrative officer shall determine that the organization is ready and able to maintain the open space in reasonable condition, the borough shall cease to maintain the open space at the end of the year. If the administrative officer shall determine the organization is not ready and able to maintain the open space in a reasonable condition, the borough may, in its discretion continue to maintain the open space during the next succeeding year, subject to a similar hearing and determination, in each year thereafter. The decision of the administrative officer in any such case shall constitute a final administrative decision subject to judicial review.
4. 
The cost of the maintenance of by the borough shall be assessed pro rata against the properties within the development that have a right of enjoyment of the open space in accordance with assessed value at the time of imposition of the lien, and shall become a lien and tax on the properties and be added to and be a part of the taxes to be levied and assessed thereon, and enforced and collected with interest by the same officers and in the same manner as other taxes.
a. 
All concrete used in any subdivision or site improvement shall be prepared in accordance with the requirements of the standard specifications for the various classes of concrete used, except that the 28 day compressive strength of the concrete used shall not be less than the following:
Type of Concrete
Strength
(pounds per square inch)
Class A
4,500
Class B
3,500
Class C
3,000
Class D
2,500
b. 
Unless specific written permission is obtained from the borough engineer to the contrary, only concrete obtained from dry-batched redi-mixed trucks shall be allowed.
a. 
General Requirements. Curb and/or combination curb and gutter shall be constructed along both sides of every street within a development. Any existing pavements damaged by curb construction shall be repaired to the standards herein and/or as shown on the final plat. Where one side of the development boundary is along an existing street, the curb and/or curb and gutter shall be constructed only on the development side. Curbs and/or combination curbs and gutters shall be constructed of Class B concrete, air-entrained, in accordance with the requirements of the standard specifications. Preformed bituminous cellular-type joint filler, one-half inch thick cut to match the cross-section of the curb, shall be used at all expansion joints at intervals not greater than 20 feet. Intermediate plate joints shall be provided at intervals not exceeding 10 feet. At places where a concrete curb abuts Portland cement concrete pavement, joints in the curb shall be placed to match the paving joints and intermediate joints shall be placed so as to create equal curb panels not longer than 20 feet. When concrete curb and gutter is required, the gutter shall be eight inches thick and shall be constructed of Class B air-entrained concrete. Joints in the gutter shall be formed simultaneously with joints in the curb. Curb and combination curb and gutter cross-sections shall be as shown in Figure 3 and 4 below. The requirements of the standard specifications regarding curing precautions must be strictly observed.
013--Image-3.tif
b. 
Use of Combination Curb and Gutter. Use of combination curb and gutter will be allowed in all areas and required in those areas having a bituminous pavement with a profile grade greater than 5% with the following exception:
1. 
Both sides of a street for the entire block length shall be constructed with one type of curb; that is, where only a portion of a block is required to have combination curb and gutter, the entire block shall be constructed using the combination curb and gutter.
2. 
Where 50% or more of the curb length of any street would be required to have combination curb and gutter, the entire street shall be constructed with combination curb and gutter.
3. 
Where 50% of more of any subdivision is required to have a combination curb and gutter, the entire subdivision shall be constructed with combination curb and gutter.
c. 
Timing of Curb Construction. In areas with bituminous concrete pavement, required curb and/or curb and gutter shall be constructed prior to the construction of the bituminous base courses. Any required repairs to curbs and/or combination curb and gutter which are not suitable for acceptance shall be made prior to construction of the final pavement wearing course. In those areas having Portland cement concrete pavement, the curb shall be constructed after the construction and curing of the Portland cement pavement.
d. 
Alternate Curb Types. In certain instances it may be necessary or desirable to construct alternate curb types. For example, these may be required by the planning board on the perimeter of channelizing islands or in the areas of unusually heavy gutter drainage flow, or may be desired by the developer for decorative purposes or to preserve vegetation (e.g., granite block curb, rolled concrete curb, etc.). If alternate curb types are to be permitted, an appropriate construction detail shall be submitted for approval with the preliminary and final plats. Continuous slip-formed curb or combination curb and gutter may be permitted if such is considered to be acceptable by the borough engineer. The use of continuous slip-formed curb or combination curb and gutter may only be permitted if the applicant submits for review and approval details and specifications concerning equipment, materials and methods proposed for use and if the borough engineer has inspected the installation and tested and approved a suitable sample section of such curb or combination curb and gutter. In the event the borough engineer does not approve the sample section of curb or combination curb and gutter, the developer shall remove the sample section and replace it with a type of curb or curb and gutter permitted by this chapter or such other alternate as may be approved by the planning board.
[Ord. No. 324, § 8.12]
a. 
Drainage Easements.
1. 
If the property on which a proposed development is to be located is or is proposed to be traversed by a drainage facility of any kind, including a pipe, channel, stream or swale, the planning board may require that a stormwater and drainage easement or right-of-way along said facility be provided by the developer. If existing land drainage structures, such as french drains, are encountered during the course of construction of any development, such drainage structures shall either be removed entirely or a revised final plat showing the location of such drainage structures and accompanied with detailed cross-sections thereof shall be filed with the borough engineer for consideration by the planning board. The planning board, after consulting its engineer and other appropriate agencies, shall either require a drainage easement, require that the structure be removed in part or in its entirety, or recommend such other action to the governing body as it deems appropriate.
2. 
All easements shall be shown on the final plat with a notation as to the purpose and restrictions of the easement. Easement lines on the final plat shall be shown with accurate dimensions and bearings unless the easement lines are parallel or concentric with lot lines.
3. 
The land which is the subject of an easement or right-of-way shall in the case of storm drains or constructed channels be of a suitable width meeting the requirements for design of drainage facilities, or be a strip which conforms substantially to the floodplain of any watercourse along both sides of the watercourse to a width of 50 feet in each direction from the centerline of the watercourse, whichever is the greatest; except, however, that if the location of such watercourse is at or near the boundary of the subdivision, the dimensions of the easement and right-of-way shall be modified to retain it within the confines of the development.
Said easement and right-of-way shall include provisions assuring the following:
(a) 
Preservation of the channel of the watercourse.
(b) 
Except in the course of an authorized drainage improvement, prohibition of alteration of the contour, topography or composition of the land within the easement and right-of-way.
(c) 
Prohibition of construction within the boundaries of the easement and right-of-way which will obstruct or interfere with the natural flow of the watercourse.
(d) 
Reservation of a public right-of-entry for the purpose of maintaining the storm drain, drainage channel or the natural flow of drainage through the watercourse, of maintaining any and all structures related to the exercise of the easement and right-of-way and of installing and maintaining a storm or sanitary sewer system or other public utility.
b. 
Conservation Easement.
1. 
Conservation easements may be required along all drainage and stormwater rights-of-way in the development and may be required also along ponds, marshes, swamps and streams or other watercourses along which drainage rights-of-way are not required. Such easements are intended to help prevent the siltation of streams and other courses and the erosion of stream banks, other watercourses and adjacent lands. The land subjected to a conservation easement shall be a strip at least 25 feet but not more than 100 feet in width independently located or running adjacent to each side of any required drainage or stormwater right-of-way. Such conservation easement shall contain provisions to restrict the removal of trees and ground cover except for the following purposes: removal of dead or diseased trees; thinning of trees and other growth to encourage the more desirable growth; removal of trees to allow for structures designed to impound water; and removal of trees in areas to be flooded for the creation of ponds or lakes. The easements shall also prohibit filling or grading of the lands or the disposal of refuse or waste material of any type within the limits of the easement.
2. 
The easement shall be indicated on the plat and shall be marked on the land by iron stakes wherever the lines of such easement change direction or intersect lot lines.
c. 
Sight Triangle Easements. In addition to right-of-way widths required for the full design of all streets and the wider intersections as specified, sight triangle easements may be required on all corners at all street intersections. Such easements shall include provisions to restrict the planting of trees or other plantings or the location of structures exceeding 30 inches in height that would obstruct the clear sight across the area of the easements and a reservation to the public right-of-entry for the purpose of removing any object, natural or otherwise, that obstructs the clear sight. Such easements shall include the area on each street corner that is bounded by the right-of-way lines and a straight line connecting points on each right-of-way line 50 feet from the intersection of the right-of-way lines with points on the intersecting right-of-way line, which points are the following distances from the intersection of the right-of-way lines (or of their prolongations):
1. 
On local streets - 50 feet.
2. 
On collector streets - 100 feet.
3. 
On arterial streets - 200 feet.
4. 
Where intersections occur on highways or roadways under the jurisdiction of the state or county, the sight triangle easements required by the state or the county may be substituted in lieu of the requirements above.
[Ord. No. 324, § 8.13; Ord. No. 2005-55; Ord. No. 2016-244 § 5; Ord. No. 2017-259 § 2]
a. 
Fences, hedges and walls hereafter erected, altered or reconstructed in any zone in the borough shall not exceed six feet in height above ground level except as follows:
1. 
Hedges, walls and fences, which are not open fences as defined in this chapter, subsection 13-2.3(a), 54 "Fence, open," located in a front yard, or located within five feet of a side (secondary front) yard of a corner lot fronting on a street, or within 50 feet of any river, lagoon or other body of water, shall not exceed 36 inches in height. Fences, hedges and walls which are set back greater than five feet from the side property line corner lot fronting on a street shall not exceed six feet in height.
2. 
In any business or industrial zone, open wire fences not exceeding eight feet in height may be erected in the rear or side yard areas and behind the building setback line.
3. 
On park, recreation or school properties, open wire fences not exceeding eight feet in height may be erected in the rear or side yards areas and behind the building setback line.
4. 
Fences specifically required by other provisions of this chapter and other municipal and state regulations.
b. 
All fences must be erected within the property lines, and no fence shall be erected so as to encroach upon a public right-of-way.
c. 
The following fences and fencing construction materials are specifically prohibited in all zones in the borough: barbed wire, canvas, cloth, electrically charged, expandable and collapsible fences.
d. 
All supporting members of a fence shall be located on the inside of the fence, and if erected along or adjacent to a property line, the supporting members of the fence shall face the principal portion of the tract of land of the property upon which the fence is erected.
e. 
Fences should be a minimum of three feet from any existing residential structure.
[Ord. No. 324, § 8.14]
a. 
A certificate of occupancy shall not be issued for new residential structure located in an area serviced by a public or private water company unless the distance from the midpoint of the frontage of such premises to a functioning fire hydrant, which has been tested and approved, as measured down to the centerline of connecting public streets, is 400 feet or less.
b. 
Final subdivision plats shall not be approved by the planning board unless fire hydrants are indicated on the final plat in accordance with the requirements herein contained as to location of and distances between fire hydrants.
c. 
Fire hydrants shall not be placed at the closed end of a turnaround of a cul-de-sac unless the distance between the open end and the closed end is greater than 400 feet, in which event, the fire hydrants shall be placed at both the open end and the closed end of the cul-de-sac.
d. 
The installation of fire hydrants with respect to any subdivision shall not be considered a subdivision improvement to be included in the bonding requirements of this chapter but rather the proper installation of fire hydrants shall be a condition of the issuance of certificates of occupancy.
e. 
Flow Capacity Classification. All fire hydrants shall be classified as follows:
1. 
Class A: flow capacity greater than 1,000 gallons per minute.
2. 
Class B: flow capacity of 500 gallons per minute.
3. 
Class C: flow capacity of less than 500 gallons per minute.
Said flow capacities are to be rated by a flow measurement test at a period of ordinary demand, the rating to be based on 20 pounds per square inch of residual pressure when initial pressures exceed 40 pounds per square inch. When initial pressures are less than 40 pounds per square inch, residual pressure shall be at least half of the initial pressure.
f. 
All fire hydrants shall be painted in accordance with the following schedule:
The tops and nozzle caps shall be painted the color indicated for each of the following classes:
Class of Hydrant
Color
A
Green
B
Orange
C
Red
g. 
All fire hydrant barrels will be painted with white fluorescent paint.
h. 
All fire hydrants installed in the municipality shall have no less than two, 2 1/2 inch hose connection nozzles and one, 4 1/2 inch pumper nozzle. All threads are to be National Standard fire hose threads.
i. 
Hydrants shall be set plumb with nozzles 18 inches above the ground or, where they are to be placed in hose houses, 18 inches above the floor.
[Ord. No. 324, § 8.15]
Guardrails, pipe railing or other appropriate barricades, as required by the planning board shall be designed and placed at drainage structures, streams, embankment limits, curves and other required locations. Guardrails shall be standard steel-beam type with galvanized steel posts in accordance with the Standard Construction Details. Alternate design of guardrails and barricades may be used and shall be submitted for approval as part of the final plat submission.
a. 
Lot Size. Minimum lot size and dimensions shall be governed by the requirements of the respective zoning districts as set forth in this chapter, except that:
1. 
The planning board may require larger lots where additional area will partially or completely eliminate the necessity of changes in grade which in the opinion of the board would cause unreasonable destruction of the topography or environment or would create drainage or erosion problems.
2. 
The planning board may require larger lots adjacent to collector or arterial streets where, in the opinion of the board, the larger lots would promote the health, safety and general welfare of the public and the residents of the development.
b. 
Lot and Block Numbers.
1. 
In accordance with the tax map specifications of the State of New Jersey dated May, 1975, prepared by the State of New Jersey Department of the Treasury, as amended, subdivided lots and blocks shall generally bear the original numbers with a number added as a subscript. The use of letter designations should particularly be avoided.
2. 
Prior to final plat approval by the planning board, two copies of the map shall be submitted to the borough engineer for proper assignment of lot and block numbers. One copy of said map shall be returned with the new lot and block numbers shown. The other copy will be retained for tax map purposes.
c. 
House Numbers.
1. 
House numbers shall be assigned each lot by the borough engineer prior to final plat approval by the planning board.
2. 
The subdivider, upon completion of curbs and streets, shall place the street number of each lot in the subdivision on the curb or other conspicuous place approved by the borough engineer in size and color designed to make the street numbers readily and distinctly discernible from the street. Unless otherwise permitted by the engineer, such numbers shall be block style, four inches in height, three-quarter inch shape width painted in white fluorescent paint on a black background extending at least one inch beyond the number on all sides.
d. 
Area and Side Lot Lines. Except as otherwise provided in this chapter, lot dimensions and area shall not be less than the requirements of the zoning district. Insofar as is practical, side lot lines shall be at right angles to straight streets and radial to curved streets.
e. 
Lot Frontage. Each lot shall front on an approved street accepted or to be accepted by the borough.
f. 
Lot Line on Widened Street. Where extra width is to be provided for the widening of existing streets, lot measurements shall begin at the proposed right-of-way line, and all setbacks shall be measured from such lines unless otherwise provided by this chapter.
g. 
Unsuitable Lots. All lots shall be suitable for the purpose for which they are intended to be used. To prevent the use of lots which are not suitable because of adverse topography, environmental, flood conditions or similar circumstances, the planning board may require such revisions in a layout of the subdivision as will accomplish one of the following:
1. 
That the area of the unsuitable lot is included in other lots by increasing the size of the remaining lots.
2. 
That it is included in an area to be deeded to the township or other public or quasi-public body and will be held in its natural state for conservation and/or recreation purposes.
3. 
That some other suitable arrangement is made.
h. 
Driveways. All structures must be accessible by means of a paved driveway. The paved driveway must be not less than 10 feet wide and must have a centerline grade of not less than 0.5% and not greater than 10%. For all non-single family uses, driveways must provide turnarounds to eliminate the necessity of any vehicle backing onto any street. No private driveway in any zone shall be located nearer to any side or rear lot line than five feet.
Monuments shall be a size and shape required by Section 4, Chapter 358 of the Laws of 1963, and shall be placed in accordance with said statute. In addition to the required monuments, after the grading is finished, the developer shall install a steel stake one inch in diameter and 30 inches in length on lot corners, lot line angle points, or other changes in direction not marked by monuments, and at all angle points or discontinuities in easement lines where such easements are not parallel to property lines.
In addition to regulations applicable within zones where multi-family dwellings and/or townhouses are a permitted use or are a conditional use, the following regulations shall apply to all multi-family dwellings and/or townhouses:
a. 
Setback from Public Streets. All buildings, parking areas and other above ground improvements, with the exception of access drives or access roadways, landscaping and screening areas, shall be set back a minimum of 25 feet from the right-of way of all public streets unless the required front yard setback for the zone is greater, in which case, the zone regulations shall take precedent.
b. 
Setback from other Property Lines. All buildings, parking areas and other above ground improvements, including access drives, with the exception of landscaping and screening areas, shall be set back a minimum of 20 feet from all side and rear lot lines, unless the required side or rear yard setback for the zone are greater, in which case, the zone regulations shall take precedent.
c. 
Minimum Distance Between Principal Buildings.
1. 
Twenty-five feet where neither of the facing walls has windows.
2. 
Forty feet where only one of the facing walls has windows.
3. 
Sixty feet where both of the facing walls have windows.
d. 
Courtyards. Courtyards bounded on three or more sides by wings of the same building or by the walls of separate buildings shall have a minimum court width of three feet for each one foot in height of the tallest building or building wing.
e. 
Building Length. No principal building, when viewed from any elevation, shall be greater than 175 feet in length.
f. 
Garages and/or carports, when not attached to a principal building, shall be located no closer than 40 feet to a facing wall of a principal building containing windows, nor closer than 20 feet to a facing wall of a principal building which does not contain windows.
g. 
Distance Between Principal Buildings and Internal Drives. No multi-family dwellings shall be located closer than 35 feet to any access drive or internal roadway.
h. 
Distance Between Principal Buildings and Parking Areas. No principal building shall be located closer than 20 feet to any parking area, except for access aisles or driveways to garages and/or carports, which are attached to principal buildings.
i. 
Garage and/or carport parking spaces shall not be counted toward meeting off-street parking requirements, unless the garage or carport space has a driveway in front of it, which is a minimum 20 feet in depth and which driveway is adjacent and accessible from an access aisle or internal roadway.
j. 
Refuse Storage. There shall be provided at least one outdoor refuse storage area of at least 100 square feet for each 20 dwelling units. The refuse storage area shall be suitably located and arranged for access and ease of collection and shall not be part of, restrict or occupy any parking aisle and shall not be located further than 300 feet from the entrance to any unit which it is intended to serve and shall be screened in accordance with the requirements of subsection 13-8.4b.
k. 
Outdoor Lighting. Interior development roads, parking areas, dwelling entrance ways and pedestrian walks shall be provided with sufficient illumination to minimize hazards to pedestrians and motor vehicles utilizing the same, but in no case, shall such lighting be less than is required to provide a minimum lighting level of 0.5 horizontal foot candles throughout such areas from dawn to dusk. Where necessary, lights shall be shielded to avoid glare disturbing to occupants of the buildings. Lighting shall be so arranged as to reflect away from all adjoining residential buildings.
l. 
Recreation. Passive recreation areas, such as pathways, natural woods and fields, seating areas and lawns, shall be provided, suitably arranged, throughout any multi-family site.
In addition, an active recreation area or areas shall be provided at the rate of at least 250 square feet per dwelling unit. Outdoor play equipment shall be installed in each recreation area in sufficient amount and variety to service the occupants of the project. If a swimming pool area or areas are to be installed, they are to include a pool of a size at least equivalent to 15 square feet per unit, except no pool less than 500 square feet will be allowed, and no pool greater than 3,000 square feet shall be required. An auxiliary building or buildings providing for lavatories and storage shall also be erected in conjunction with pools. Swimming pools shall be subject to the provisions of subsection 13-8.8.
m. 
Buildings shall have no more than two dwelling units in a line without setbacks and/or breaks in building elevation of at least five feet.
n. 
Concrete walkways, at least four feet wide or of such other dimension and composition as may be approved by the planning board, shall be provided where normal pedestrian traffic is like to occur.
o. 
Internal roadways shall be constructed in accordance with the standards for public streets in this chapter.
p. 
Minimum Gross Habitable Floor Area Requirements.
1. 
Efficiency Units: 750 square feet.
2. 
One Bedroom Units: 860 square feet.
3. 
Two Bedroom Units: 1,000 square feet.
4. 
Three Bedroom Units: 1,150 square feet.
q. 
The percentage of three bedroom units to the total number of dwelling units shall not exceed 20%. The combined percentage of two or three bedroom units to the total number of dwelling units shall not exceed 70%. No unit larger than a three bedroom unit shall be permitted.
r. 
All rooms, exclusive of living rooms, dining rooms, kitchens and bathrooms, which contain 70 square feet or more of floor area, shall be considered bedrooms. If a dining room is not directly accessible from and adjacent to both the kitchen and living room, it shall also be considered a bedroom.
a. 
For every building, structure or part thereof having over 10,000 square feet of gross floor area erected and occupied for any use other than residential, there shall be provided at least one truck standing, loading and unloading space on the premises not less than 12 feet in width, 35 feet in length and with a minimum vertical clearance of 14 feet. Buildings that contain in excess of 15,000 square feet of gross floor area shall be required to provide additional off-street loading spaces as determined by the planning board during site plan review.
b. 
Access to truck standing, loading and unloading areas may be provided directly from a public street or alley or from any right-of-way that will not interfere with public convenience and will permit orderly and safe movement of truck vehicles.
c. 
Unless otherwise permitted, fire zones shall not be used as standing, loading or unloading areas.
d. 
Loading areas, as required under this subsection, shall be provided in addition to off-street parking spaces and shall not be considered as supplying off-street parking spaces.
e. 
No off-street loading and unloading area shall be permitted in any required front yard area.
In all zones and in connection with every industrial, commercial, institutional, professional, recreational, residential or any other use, there shall be provided off-street parking spaces in accordance with the following requirements and parking lot standards:
a. 
Type of Parking Permitted. Each dead storage bay of an off-street parking space may be perpendicular with the aisle, parallel with the aisle, or at any angle between 60° and 90°. No angle parking layout shall be permitted with an angle less than 60°.
b. 
Stall Size.
1. 
Automobiles: Each perpendicular or angle off-street parking space shall occupy a rectangular area of not less than 10 feet in width and 20 feet in depth exclusive of access drives and aisles, except that parking spaces for the physically handicapped shall be 12 feet wide.
Parallel parking spaces shall occupy a rectangular area 10 feet by 23 feet.
2. 
Other Vehicles:
(a) 
Uses that own, rent or service motor vehicles larger than automobiles which must be parked and/or stored on the site shall indicate in the statement of operations submitted with the site plan, the size of such vehicles and the anticipated largest number of such vehicles to be stored and/or parked on the site at any single time and the site plan shall show a sufficient number of parking and/or storage stalls at an adequate size for the largest number of such vehicles to be parked and/or stored on the site at any one time. Aisles providing for access to such parking and/or storage stalls shall be of adequate width for the vehicles to be served.
(b) 
Failure of an applicant to indicate, where applicable, in the statement of operations that vehicles larger than automobiles are to be parked and/or stored on the site and provide for such parking and/or storage on the site plan shall be a violation of this ordinance, and any building permit or certificate of occupancy that has been issued shall not be valid and may be revoked.
(c) 
Any change of use to a use which requires parking and/or storage space for a greater number of vehicles larger than automobiles than the previous use shall be required to make application for site plan approval.
3. 
When off-street parking is provided in connection with a use which will assign or can control the utilization of parking areas (for example, employee only parking areas), the planning board may approve separate parking areas for subcompact vehicles having a length of less than 17 feet and width of six feet or less. Within such areas the planning board may approve the reduction of stall size to an eight and one-half foot width and a seventeen-foot length. Appropriate signing and marking shall be required. The number of parking stalls which may be designed for subcompact vehicles shall be determined by the planning board based upon documentation submitted by the applicant.
c. 
Aisle Widths.
1. 
Aisles from which cars directly enter or leave parking spaces shall not be less than 24 feet wide for perpendicular parking or for parking at any angle greater than 60°, and 20 feet wide for 60° angle parking, except that all two-way aisles shall be a minimum of 24 feet wide.
2. 
Only angle parking stalls or parallel parking stalls shall be used with one-way aisles.
d. 
Access Drives. (See Figures 5 and 6[1])
1. 
Entrance and exit drives shall have a minimum width of 18 feet for those designed for one-way traffic and 24 feet for those carrying two-way traffic.
2. 
Parking areas for 25 or more cars and access drives for all parking areas on arterial highways shall provide curbed return radii of not less than 15 feet for all right turn movements and left turn access from one-way streets and concrete aprons on entrance and exit drives.
3. 
Parking areas for less than 25 cars may utilize concrete aprons without curb returns at entrance and exit drives which are not located on a minor arterial or principal arterial highway.
[1]
Figures 5 and 6 are included as an attachment to this chapter.
e. 
Paint Striping. All parking areas shall provide paint striping to delineate parking stalls, barrier lines, lane lines, directional arrows, stop lines, fire lanes and other striping as may be required to insure safe and convenient traffic circulation. Such striping shall be in substantial conformance with the "Uniform Manual on Traffic Control Devices".
f. 
Traffic Signs. All parking areas shall provide traffic control signs and devices necessary to insure safe and convenient traffic circulation. Such devices shall be in substantial conformance with the "Uniform Manual on Traffic Control Devices".
g. 
Curbing. The perimeter of all parking areas and internal islands within all parking areas open to the general public shall have continuous cast in place concrete curbing (see Figure No. 3[2]) with a six inch face or such alternate curb types as may be approved by the planning board at the time of site plan approval.
The planning board may waive the requirement for curb in parking areas only to employees, service vehicles or for loading and unloading, provided that drainage, vehicle control and safety can be properly accommodated by alternate means.
[2]
Figure 3 can be found in §13-8.11a
h. 
Paving. All parking areas shall provide pavement in accordance with the requirements of local street set forth in subsection 18-8.23, except as follows:
1. 
Parking areas for less than 50 cars, which the planning board determines are not likely to be utilized by heavy truck traffic or drive-up window service, may be paved with two inches of pavement, Type FA-BC-1 over a six inch gravel base, all in accordance with the specifications contained in subsection 13-8.23.